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A court with what jurisdiction would issue a writ of certiorari?
Wiki User
∙ 13y ago
A writ of certiorari is issued under appellate jurisdiction, most often by the Supreme Court.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agodiscretionary appellate jurisdiction (the US Supreme Court typically issues writs of certiorari)
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When is a Writ of Certiorari used?
Writ of Certiorari use to keep judicial body and administrative tribunal within it's limit, when inferior court hear a mater over which it has no jurisdiction, then Writ of certiorari issued to quash the such order or decision.
What type of court has jurisdiction when you sue a US county?
If you live in the same state as the county that you wish to sue, then the state court would have jurisdiction. If you live in a different state, then it would become a federal issue.
What is the definition of Court of Appeals?
A court of appeals is a court of appellate jurisdiction. This is in contrast to a court of original jurisdiction. If I get in a car wreck and want to sue, I would file my lawsuit in the trial court (whether state or federal), a court of original jurisdiction. Say I lose. I get one appeal as of right to the court of appeals. In most states, that is called the court of appeals or appellate division (or the circuit court of appeals in the federal system) There judges would review my case to be sure the decision at trial was proper. If I lose again, I could petition my State's supreme court (or the US supreme court if I was in federal court) for what is called certiorari (which just means I am asking them to hear my case). The Supreme Court is not required to hear my case, but if they do, that would be the final word on whatever issue I presented to that court in most cases.
What is the definition of courts of appeals?
A court of appeals is a court of appellate jurisdiction. This is in contrast to a court of original jurisdiction. If I get in a car wreck and want to sue, I would file my lawsuit in the trial court (whether state or federal), a court of original jurisdiction. Say I lose. I get one appeal as of right to the court of appeals. In most states, that is called the court of appeals or appellate division (or the circuit court of appeals in the federal system) There judges would review my case to be sure the decision at trial was proper. If I lose again, I could petition my State's supreme court (or the US Supreme Court if I was in federal court) for what is called certiorari (which just means I am asking them to hear my case). The Supreme Court is not required to hear my case, but if they do, that would be the final word on whatever issue I presented to that court in most cases.
If you filed a prior lawsuit but the court never ruled on a specific issue would you be barred from bringing the issue in another court of competent jurisdiction?
If the SPECIFIC ISSUE which is referred to was never ruled on in a court of law, you are not barred from raising the same issue in another suit.
Who would be considered an example of a Writ of Certiorari?
The U.S. Supreme Court calls up a case from a lower court.
What does the legal term 'certiorari' mean?
A writ of certiorari is an order that a higher court issues to a lower court in order to review the decision and proceedings of the lower court and determine whether there were any irregularities.
How do you become executor of an estate without a will?
You would not be an executor. You would be an administrator. You file an application with the probate court in your jurisdiction to be appointed the administrator of the estate.
What is it called when the supreme court hears a case for the first time?
When the Supreme Court is the first court to hear a case (which is very rare) it is said to have "original jurisdiction." What I think you meant was, when the Supreme Court considers an issue it has not thought about before, it is called "a matter of first impression."
What is the authority to hear a court case first?
It is known as "The Court of Original Jurisdiction," and is usually the lowest level of the court system to which the matter first comes to the attention of.Jurisdiction is a court's authority to decide a case or issue a decree. Jurisdiction can arise from a geographical area, subject matter or personal jurisdiction over a person.The first court to hear a case has original jurisdiction. In some cases more than one court may have original jurisdiction depending on the subject matter That is called concurrent jurisdiction and the litigant then has the right to choose which court shall hear the case.You can read about the different aspects of jurisdiction at the link provided below.
Has a Congressman ever been convicted by the US Supreme Court?
No. The US Supreme Court would only review a criminal case against a member of Congress (or any other citizen) under appellate jurisdiction, not as a trial court. In order for the Court to consider granting certiorari in any case, it has to involve an important question of federal or constitutional law.
Does the Supreme Court has jurisdiction over state courts?
The Supreme Court only has two types of jurisdiction. There is original jurisdiction and appellate jurisdiction. SCOTUS review of state court judgments concerns its appellate jurisdiction as originally conferred in the Judiciary Act of 1789 and since amended, now codified at 28 U.S.C. 1257 (2000). Unless a case is of the type specifically identified in Article III, sect. 2, cl. 2, the Court takes the case by way of a petition for a writ of certiorari, as specified in 28 U.S.C. 1254. Since the term general jurisdiction is usually associated with determinations in civil procedure of whether a state court can require a person to defend against a suit (see in personam jurisdiction pre-International Shoe, and as I recall that problem has been since resolved through the adoption of minimum contacts analysis and the evolving jurisdictional analysis in the 20th Century) or is based on the fact that an event or suit arises within the geographical area for which the court is responsible, I doubt it's general jurisdiction. Suffice it to say that so long as a person has certain minimum levels of contacts with the forum state, a court can acquire jurisdiction and thus require the defendant to defend against the suit else be held liable through default. Plenary jurisdiction, on the other hand, connotes a form of complete control over a subject. Federal question jurisdiction is usually a form of plenary jurisdiction of the federal courts (thus why we allow cases raising a federal issue by the plaintiff to be filed initially in federal courts and why we allow removal of federal issues from state courts into federal court... but see the Mottley well pleaded complaint rule). Because the court has both a plenary and non-plenary docket, and review of state court judgments falls in both categories, jurisdiction over state court judgments is not an instance of plenary jurisdiction. While The Court has a plenary docket, but that merely connotes that the Court is taking the case for briefing, oral argument and the full process of hearing and deciding a case/controversy. Other cases accepted on certiorari may be accepted on briefs alone, with argument scheduled only if the case presents a different issue than the Rule of 4 thought initially or some other issue or circumstance arises. Since SCOTUS review of state court matters is authorized by Congressional statute, and extends only to the federal issue implicated (as per Michigan v. Long and others), SCOTUS jurisdiction in this instance would appear to be an exercise of its appellate jurisdiction.
