The rule of four. It requires at least four of the nine Justices of the Supreme Court to agree to grant the Petition for Certiorari. If four Justices agree to grant the petition, the Supreme Court will consider the case. A Petition for Certiorari is granted in very, very few, selected cases--fewer than 100 a year-by the Supreme Court of the United States.
Each justice on the U.S. Supreme Court has a number of skilled law clerks working for him or her and these clerks review every writ of certiorari and submit a "cert memo" regarding the writs they review to the justice they are assigned. The judges review the memos and hold a conference to determine which of these cases should go on the court's docket.
The "Rule of Four" controls matters when deciding which issues the high court will hear. If four justices agree that a specific writ of certiorari should be granted, then the case will be placed on the Supreme Court's docket and an order stating that certiorari has been granted will be issued to the petitioner.
According to Supreme Court Rules, Section III, Rule 10, the following guidelines help justices determine which cases are viable for review (called cert. worthy):
Rule 10. Considerations Governing Review on Writ of Certiorari
Review on a writ of certiorari is not a matter of right, but of judicial discretion. A petition for a writ of certiorari will be granted only for compelling reasons. The following, although neither controlling nor fully measuring the Court's discretion, indicate the character of the reasons the Court considers:
A petition for a writ of certiorari is rarely granted when the asserted error consists of erroneous factual findings or the misapplication of a properly stated rule of law.
The U.S Supreme Court selects its cases through a process called "certiorari." This means that it grants review to cases that have been appealed from lower courts and meet certain criteria. The Court typically selects cases that involve significant constitutional questions or where there is a conflict between lower court decisions on an issue of federal law. The justices then vote on which cases to take up and a majority vote is required for a case to be granted review.
Most cases reach the US Supreme Court via the US Court of Appeals Circuit Courts, which are part of the federal court system.
The Supreme Court justices hear cases in the courtroom of the Supreme Court Building in Washington, DC.
The US Court of International Trade hears cases involving US tariff laws. The US Court of Appeals for the Federal Circuit has jurisdiction over appeals.
(in the US) ALL such cases begin in whichever US District Court has original jurisdciction.
The US Supreme Court is the highest court of appeals in the US, but only for cases that fall under its jurisdiction.
The US District Court
US District Courts have original (trial) jurisdiction over the majority of cases heard in the federal court system.US Special Courts, such as US Tax Court, US Bankruptcy Court, and the US Court of Federal Claims, also hear a large number of cases.
The US Supreme Court disposed of 145 cases in 1978, hearing arguments in 141 of them.
A number of law schools publish US Supreme Court cases; however, Cornell University Law School has an exceptional resource in its online database. Not only do they publish recent cases, but US Code, the Annotated Constitution, Supreme Court rules, transcripts of select oral arguments, and other legal materials.You can access their site via Related Links, below.
Municipal Court (similar to County Court in the US) hears the most cases in Canada.
No. The US Supreme Court and International Court are unrelated and have jurisdiction over different types of cases.
Federal appellate cases