Alabama Constitution Section 140 Jurisdiction of supreme court generally power of supreme court to issue certain remedial and original writs

Here is a clear explanation of Section 140 of the Alabama Constitution, which defines the jurisdiction and powers of the Alabama Supreme Court:

πŸ“œ Alabama Constitution – Section 140 (Full Summary & Explanation)

πŸ”Ή Section 140: Key Provisions

General Jurisdiction:

The Alabama Supreme Court is the highest court in the state.

It has general appellate jurisdiction, meaning it hears appeals from lower courts on both civil and criminal matters, unless specifically limited by law.

Original Jurisdiction – Writs:

The Supreme Court has authority to issue several types of original and remedial writs, such as:

Writ of habeas corpus – challenges unlawful detention

Mandamus – orders a public official or lower court to perform a duty

Certiorari – calls up records from a lower court for review

Quo warranto – challenges someone's legal right to hold office

Prohibition – prevents a lower court from acting beyond its jurisdiction

Rules and Laws:

The Legislature may regulate when and how the court exercises jurisdiction or issues writs.

The Supreme Court may also create rules of practice and procedure, subject to constitutional or legislative limits.

βœ… Plain-English Summary:

The Alabama Supreme Court is the final authority in the state for appeals and constitutional issues.

It can issue powerful legal orders (writs) directly, not just through appeals.

These writs help protect rights, ensure government accountability, and control lower courts.

The court's role and procedures can be refined by legislation, but its core powers come from the Constitution.

 

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