Re: Today's LTAR

["Joseph Pappalardo" <joepappalardo2001@yahoo.com>]

Next weeks special guest...

A. Joseph Ross...Dr. of Law!


JP
----- Original Message -----
From: "A. Joseph Ross" <lawyer@attorneyross.com>
To: <Boston-radio-interest@bostonradio.org>
Sent: Sunday, December 16, 2001 3:34 PM
Subject: Today's LTAR


> On this morning's LTAR, Bob and Dan were talking about the fact that the
> New Hampshire Superior Court had "agreed to hear" a case involving the
> proposed 720 station in New Hampshire.  They mentioned that the Superior
> Court was the highest court in New Hampshire.
>
> Nope.  The highest court in New Hampshire is the state Supreme Court.
> The Superior Court is the general trial court, as it is in Massachusetts,
> whose decisions are subject to appeal to a higher court.
>
> And what does it mean that the court "agreed to hear" a case.  You file a
> case in court, and the court will eventually hear it.  Unless, for some
> reason, the town in question moved to dismiss and the court denied the
> motion.  But in so doing, the court still heard the case.
>
> When we talk of a court having "agreed to hear" a case, we usually are
> talking about a supreme court that decides which cases it will hear.
> Cases appealed from the Federal District Courts, which are trial-level
> courts, go to various circuit Courts of Appeals.  There is no general
> right to appeal further to the Supreme Court.  The Supreme Court decides
> which cases from the Courts of Appeals and from the highest-level state
> courts it will hear.
>
> Likewise, in Massachusetts, there is an intermediate-level Appeals Court,
> which takes appeals from lower courts.  The Supreme Judicial Court of
> Massachusetts decides which cases it will hear, either by direct transfer
> from the Appeals Court or by further review after a decision from the
> Appeals Court.
>
> It makes sense to talk about those courts having "agreed to hear" a case.
> But not for the New
> Hampshire Superior Court (or, for that matter, the New Hampshire Supreme
> Court, which takes all appeals from the lower courts.  New Hampshire has
> no intermediate-level appellate court.).
>
> --
> A. Joseph Ross, J.D.                           617.367.0468
>  15 Court Square, Suite 210                 lawyer@attorneyross.com
> Boston, MA 02108-2503                    http://www.attorneyross.com
>
>


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