Legal Question in Civil Litigation in Florida

When a question is placed before the USSC, do they only address the issue asked of them? In other words, let's say they are asked a question about whether or not a matter is actionable based on something specific...if they find that the matter is actionable based on the question asked but is NOT actionable based on something else in the case that is not being asked of them, do they only comment on the question asked or would they also say that while it is actionable based on the question at hand, it is not actionable based on something else in the case. It should be assumed for the purpose of this question that the other non actionable matter is very obvious to them and does not require them to dig for it to find it.

Btw, I am not planning to file a claim with the USSC, just wondering what their decision on a matter means with regard to another case.


Asked on 9/25/09, 6:00 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

You mean the US Supreme Court? The Supremes? No one calls them the USSC.

The highest Court in the land interprets the law. If the legislature disagrees with the Court's interpretation, it may enact a law which will make it clearer for the judiciary to interpret. Usually, there is no retroactive interpretation.

Any appeallate court, including the Supremes, will only answer the question before them. Courts do not make law in general. Courts rule on cases, interpret the law, and render decisions for everyone else to follow based upon the single case decision before them.

For further research, see "stare decisis."

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Answered on 9/28/09, 9:28 pm


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