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How does a case on appeal reach a supreme court?

Updated: 10/31/2022
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10y ago

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A case on appeal reaches the supreme court if the judges below them cant handle it or that case specifically but it is very hard to get a case on appeal in the supreme court

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Dorcas Tremblay

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Q: How does a case on appeal reach a supreme court?
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If the US Supreme Court denies your case is there another court to appeal to?

No. The US Supreme Court is the final court of appeal; if they deny your case, the decision of the lower court stands. There is no other avenue of appeal.


How does the cases reach the supreme court?

There are two ways a case can reach the Supreme Court.The first way is by far the most common: A case is first heard by a trial court. If one of the parties doesn't like the outcome, they appeal. The case is then heard by an appeals court, who has the power to overturn the decision of the trial court. The first appeal is a "gimme" - the appeals court hears everyone's appeal. If one of the parties STILL doesn't like the outcome, they can try to appeal again. The Supreme Court, however, does not have to accept every appeal. To appeal to the Supreme Court, you have to write a "petition for certiorari." If they accept your case, we say that the Supreme Court has "granted cert."The second way is very rare: the Constitution gives the supreme court "original" jurisdiction over a narrow class of cases (mostly cases between states or involving ambassadors.) This means that if a case is of that type, the Supreme Court can take it directly, without any trial court. The court almost never accepts a case this way.


If the supreme court does not rule on an appeal case what is the result?

The decision then remains what it was when appealed to the Supreme Court.


What does certiorari denied mean?

When an application (or appeal of some case in a lower court) to the Supreme Court is denied, it is called certiorari denied. In fact, it means that the Supreme Court refuses to accept the application or appeal and will not judge on it


What happens when the supreme court refuses to hear an appeal for a case?

When the Supreme Court refuses to hear an appeal for a case, it means that they have denied the request for review. This denial does not establish any legal binding or precedent, and the decision of the lower court stands. The denial by the Supreme Court does not provide an explanation or indicate agreement with the lower court's decision.


How does a case proceed form the trial courts to the supereme court?

The case is tried in a trial court - If the outcome is not satisfactory to one of the parties to the case, it may appealed to the Court of Appeals. The Appeals Court will review the case and IF THEY WISH TO ACCEPT IT for review, they will consider the case and render a decision on the question contained in the appeal. If that appeal is not satisfactory to one of the parties in the case, that ruling may be appealed, yet again, to the Supreme Court. If the Supreme Court chooses to accept the case, they, too, will hear the case and render a decision. The Supreme Court's decision is the final word and there is no higher appeal.


What is it called when the supreme court hears a case that has already been heard in court?

Centarori


Can there be an appeal from a federal court?

The highest court is the Supreme Court, but not all cases can be appealed to the Supreme Court; it depends what kind of legal issues are involved. Otherwise, the case can be appealed to a Federal Appeal Court. If you can afford the legal fees, of course.


Is it true the supreme court is the highest part of the judiciary branch of your government?

Yes, the Supreme Court of the United States was granted power from our founding fathers as the court of last resort when, on appeal, a case is to be reviewed when there is a probability that an individual has had his or her Constitutional Rights violated. In order for an appeal to reach the Supreme Court, it is the duty of the lower courts (District Courts) to first file an appeal within the Circuit Court or Appellate Courts for state in which the trial was held. There are 11 Circuit Courts within the United States so it is imperative to learn which circuit your state belongs to. Many times, when a case first reaches the Circuit Court, it is reviewed by Federal Judges in which they will decide if an appeal is granted or denied based on the facts of case and the reason for appeal. If the Circuit Court finds no reason to believe a rights violation has occurred, an appeal can be brought further into the Supreme Court through a document; "Writ of Certiorari" asking the Supreme Court to review the case with interpretation of the Constitution.Having the Supreme Court actually review your case can be a challenge. When a case enters the Supreme Court, it is the law clerks that first review the case and make the recommendation of whether or not the case should be reviewed by one of the Supreme Court Justices. If a recommendation is denial for review, the case will be denied a review; end of the road. However, if there is substantial and undeniable evidence that exists showing a Constitutional Right has been violated, the Supreme Court Justice will put the case on the docket for discussion with the other Supreme Court Justice's. If all decide to grant a review, the case will be thoroughly reviewed and a determination can be made.The Supreme Court ruling on a case is the final say. Any interpretation of the Constitution that is made and any decision made on a case will become what is known as a "landmark decision".


If a case is dismissed by the supreme court does the lower court ruling stand?

Supreme Court does not dismiss cases. It will either affirm or reverse the lower court, or it will decline to grant the appeal.


The supreame courts usually what kind of cases?

There is no telling which case or what kind of a case the Supreme Court will hear. If a case is simple, it never will get to the Supreme Court. Cases that reach the Supreme Court have gone through one or more appeals processes. Sometimes a appeal reaches the Supreme Court when a federal court of appeals has made a ruling different from another federal court of appeals. In that case, the supreme court is asked to certify an issue. That is a fancy term meaning to play referee. The Supreme Court certifies an issue when it takes up an issue where district courts of appeal have made different rulings concerning the application of the same law. (Sometimes the Supreme Court refuses to take up the issue. In that case it simply states, "Cert. Denied.") Normally, all cases that reach the Supreme Court have come from the Federal Courts of Appeal or the Highest State Court. However, the Supreme Court reserves the right to sit as a court of original jurisdiction. The last time the Supreme Court granted a writ of Habeas Corpus was 1924. It retains that right. I doubt if any member on the Supreme Court has any idea under what conditions that would happen. Still, it retains that right.


What is marbury v. Madison?

The supreme court found that since it was a court of appeal and not the court to hear the case, this is judiciary act, unconstitutional.