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If you are denied certiorari by the US Supreme Court what can you do next?
Wiki User
∙ 13y ago
You could file a petition for reconsideration; however, this is unlikely to be successful. Typically, when the US Supreme Court denies certiorari, the decision of the last appellate court to rule on the case becomes final, and the matter is considered res judicata (legally concluded).
Wiki User
∙ 13y ago
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How does a case reach the suprem court?
In order to have an appeal heard by the Supreme Court, a person must file a "petition for a writ of certiorari," asking the Court to review a case and issue an order, called a writ of certiorari, to the the lower (usually) appellate court requesting the relevant files and transcripts be sent to the Supreme Court.Most appeals originate in the US Court of Appeals Circuit Courts; however, the justices also hear some cases on direct appeal from US District Courts and US Court of Appeals for the Armed Forces, as well as from State supreme courts (or their equivalent). In the event a State supreme court rejects an appeal, the justices may consider a petition directly from an intermediate state appellate court.Origin of US Supreme Court CasesUS Court of Appeals Circuit CourtsState Supreme Courts (or their equivalent)US District Courts (under special circumstances, only)US Court of Appeals for the Armed ForcesUS Court of International TradeUS Court of Federal ClaimsIntermediate State appellate courts (if the State Supreme Court rejects the appeal)
Do you go to a District Court first then the Appeals court then the Supreme Court?
Typically, cases start at the trial level in a District Court. If a party is dissatisfied with the decision, they can appeal to an intermediate level court, such as an Appeals Court. Finally, if necessary, a party can then seek further review from the highest court in the jurisdiction, usually the Supreme Court. However, it's important to note that the exact structure and process can vary between different legal systems and jurisdictions.
What do the supreme court issue when a case relates to the interpretation of law?
The main steps the Supreme Court takes in deciding cases include the writ of certiorari if filed, then the justices hold a conference for discussion of merits. Next, if at least two justices find the case has merit, the attorneys argue their cases before the court. Finally the court holds another conference for decision making.
After state supreme court what is next?
That depends on the case. Often, the state supreme court is the end of the road for a case, making the decision of the state supreme court final and binding. Sometimes cases involved federal questions (issues arising under the US Constitution or federal law) that allow them to be appealed to the US Supreme Court. If the US Supreme Court hears such a case, it may affirm or overturn the state supreme court decision.
Can one appeal from the Court of Appeals?
Yes, unless it's a decision by the U.S. Supreme Court.
What is the Supreme Court term?
United States Supreme Court yearly terms begin the first Monday in October and end the next year prior to the start of the new term, with actual sessions ending in July or June. Supreme Court justices are appointed for life.
What is the job of a court of appeal?
There are different levels of courts. In most states, the primary state-level court is the "Superior Court" of each county. It can be called other things, though, depending on the state. The next-higher court in most states is the state Supreme Court. Some states, though, have some kind of appellate court in between. At the federal level, it's similar. There are US District Courts, and then Federal Courts of Appeals (appellate courts) just above them, and then the US Supreme Court above them. In both cases, the appellate court (the "appeals court") is tasked with the responsibility of reviewing the lower court's ruling and determining if the law was properly followed. If the lower court made a mistake (called "judicial error"), and if said judicial error was sufficiently important that it could have influenced the outcome of the case, then the appeals court will rule that the lower court made a mistake and that the case needs to be retried, or some part of it needs to be re-heard, or whatever is the appellate court's ruling. If the losing party doesn't agree with the appellate court's ruling, then it can appeal to the next-higher court: The Supreme Court. The Federal Court system is not a super appellate court for state court appeals. No state court rulings are ever appealed to the Federal District Court or Courts of Appeals. In the event a federal question (that is one involving federal law or the U. S. Constitution) is raised in a state court, the appeal process goes through the usual state court system. If a party disagrees with the State Supreme Court's interpretation of the federal question, the State Supreme Court's ruling may be appealed to the United States Supreme Court provided the US Supreme Court issues a writ of certiorari and agrees to hear the case. If the cases started out in the Federal District Court (because it was a federal, and not a state case), then the Federal Court of Appeals is who reviews it, on appeal, for judicial error; and the US Supreme Court is the next-highest court after that. Once the US Supreme Court rules, then it's over. That's the highest court in the land. There are no more appeals after that.
What is one case in which the supreme court upheld a restriction on symbolic speech?
Do your history homework next time
What is the next step after filing a Motion to Reconsider in a Superior Court?
The petitioner waits for the motion to be either granted or denied. If granted the verdict will be thrown out and a new trial ordered, if denied the original verdict will stand.
How long does the US Supreme Court take to make a decision after it hears a case?
According to an information guide for Supreme Court law clerks, the average time from argument to decision is approximately 81 days, except for cases heard on an emergency basis. The guidebook warns this number is skewed by administrative decisions that may take only a few days. Other cases are beset by unavoidable delays attributed to the rules of the court and procedural and substantive due process (requests from one of the parties for extensions, enlargement of the record, etc.). Occasionally, a non-emergent case may be decided in as few as 21 days, or, on rarer occasions may carry into the next Term due to reargument. A survey of cases argued in the 2008-2009 Term revealed a few decisions delivered as quickly as five weeks after oral arguments, one delivered 26 weeks afterward, and another delivered slightly more than 30 weeks afterward. The majority of rulings seemed to fall in the range of 14-16 weeks after oral arguments.
3 ways cases reach the supreme court?
Under original (trial) jurisdiction (disputes between the states);Under appellate jurisdiction from federal courts;Under appellate jurisdiction from the states if the other avenues of appeal have been exhausted and the case involves a preserved federal question.
How does the Supreme Court refuse to review a case?
If the U.S. Supreme Court denies a petition for a writ of certiorari (a request to hear a case on appeal), then the decision of the lower court is final. Denial of certiorari occurs in 98-99% of cases, and in no way implies that the court agrees with the lower court's decision. Denial only means that the case, as presented, isn't of sufficient importance to warrant a review, doesn't involve constitutional issues, conforms to a precedent already set, falls outside the court's jurisdiction, or is moot, etc. Between 7,500 and 8,500 cases are presented for review each year, but the court can only choose 80-150 to hear, so the Justices have to limit themselves to those cases that have the greatest impact on the law and on society. If a case is denied certiorari, the decision of the last "court of competent jurisdiction" to handle the case is affirmed and the case is concluded. Affirmation by default does not necessarily indicate the Supreme Court agrees with the lower court decision; nor does accepting a case for review necessarily mean the Court disagrees with the lower court decision.
