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In cases that reach the Supreme Court on certiorari does the Petitioner bring the case against the Respondent?
Wiki User
∙ 14y ago
Yes. The Petitioner (or Appellant) brings his or her case against the Respondent (or Appellee). The Petitioner is the one who files a petition for a writ of certiorari.
Usually, this means the Petitioner lost in the intermediate Court of Appeals, but there have been occasional instances where the winning party files first, in anticipation of the decision being challenged. This strategy is sometimes employed because the Petitioner gets to present his (or her) case first, and may reserve a portion of his allotted 30 minutes for rebuttal after the Respondent has argued. Having an opportunity to rebut the opponent's argument can present a significant advantage.
Wiki User
∙ 14y ago
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What is the 'party' of a case in the US Supreme Court?
"Party," in general legal parlance, means the Plaintiff(s) and Defendant(s), or the Petitioner(s) and the Respondent(s), or the Appellee(s) and Appellants(s), the specific people or organizations who have a grievance against each other. This does not include their attorneys, witnesses, or other related people.The US Supreme Court most often refers to the parties as the Petitioner(s) (the person or people who requested the Court review their case on appeal) and the Respondent(s) (the Petitioner(s) opponent). They also use the terms Appellee and Appellant, but this is somewhat archaic language.
The action voted by the house of representatives against supreme court justice samuel chase?
Impeachment was the action voted by the House of Representatives against Supreme Court Justice Samuel Chase. However, the Senate didn't uphold the impeachment.
What does the Supreme Court do to a law once it is passed?
Nothing, unless a party with standing to challenge the law files suit against the United States in US District Court, the losing party appeals the case to the appropriate US Court of Appeals Circuit Court (usually), and the subsequent losing party files a petition for a writ of certiorari (request to review the case) with the US Supreme Court. If they grant cert (accept the case), the Supreme Court will evaluate whether the law conforms to the US Constitution either in general, or as applied. If the Court determines the law is unconstitutional, it will be nullified and rendered unenforceable. It is important to note that the US Supreme Court does not systematically review every law Congress passes. Someone who is severely and directly, negatively affected by the law, and has a grievance that can be resolved by a court, must file suit and exhaust the required appeals process before the Supreme Court can review the case (and the law).
What does v stand for in Supreme court cases?
The v. in Supreme Court cases stands for the word versus. For example Roe v. Wade spelled out would say Roe versus Wade. But cases are never witten as such. "versus' is Latin for "against".
Who enforces US Supreme Court rulings when they are against the President and the President refuses?
Whenever a U. S. President is in violation of the law as interpreted by the U. S. Supreme Court (or even if he/she is in violation of a law that the Supreme Court has not tested), it is the responsibility of Congress to impeach him/her.
Who is a petitioner and who is the respondent?
In legal contexts, the petitioner is the party who initiates a lawsuit or brings a case before a court, seeking a specific outcome or remedy. The respondent, on the other hand, is the party who responds to the claims made by the petitioner in a legal proceeding.
Who is the petitioner and who is the respondant?
The Petitioner is the one that files the claim or call for action & the respondent is the one that the claim is against or the opponent.
What is the 'party' of a case in the US Supreme Court?
"Party," in general legal parlance, means the Plaintiff(s) and Defendant(s), or the Petitioner(s) and the Respondent(s), or the Appellee(s) and Appellants(s), the specific people or organizations who have a grievance against each other. This does not include their attorneys, witnesses, or other related people.The US Supreme Court most often refers to the parties as the Petitioner(s) (the person or people who requested the Court review their case on appeal) and the Respondent(s) (the Petitioner(s) opponent). They also use the terms Appellee and Appellant, but this is somewhat archaic language.
What does Costs on appeal are awarded to respondent mean in an appeals case?
In a nutshell what this implies is that the respondent has won the case and the petitioner-or the person bringing on the case against the respondent has lost the appeal and ordered by the court to pay back the respondents costs..usually..his legal costs.I hope this answers your query.[Syed Amir]
Can the petitioner of a protection order call the respondent?
It depends. I live in Missouri. I am able to call the respondent, but only to discuss custody matters with our children. In most cases, you may not call the respondent because that would be violating the order of protection. Something many people do not understand is that you can get in trouble for violating the order of protection you have against someone.
Is the appellee a party against whom a case is appealed from a lower court to a higher court?
Yes. The party who files the appeal is the appellant; the opposing party is the appellee. Today, the more common terms are petitioner (appellant) and respondent (appellee).
What does cert denied mean?
"Cert" is short for "certiorari," which refers to the appeal (petition for a writ of certiorari) a party files with the Supreme Court requesting the justices review the case. If the justices decide against hearing the case, they deny the petition. This is usually abbreviated and referred to as "cert denied."
Petitioner violating restraining order in Florida?
If the restraining order is against the Petitioner (as in a case where there are counter-petitions), the Petitioner may be arrested by any sheriff's office.Additional: In FL, even if no counter-petition has been sought or awarded, the petitioner is bound by the same restrictions as have been placed against the respondant. As stated above, the petitioner CAN be arrested for violating the provisions their own restraining order. The petitioner cannot use their order as a weapon against the respondant.
Can woman be made a Respondent in DV Act 2005 in India?
Point is still not clear. Some High Court have passed verdic in support and some against. Onece the matter reaches Supreme Court and when the Supreme Court passes it verdic then only the matter will be clear.
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.
In Arkansas how do you obtain a divorce when you have an order of protection against your husband and he is avoiding service of the summons for divorce?
Your legal representative (or yourself if using pro se procedure) can request a dissolution of marriage hearing under the state default laws. An attempt will be made to contact the absentee respondent and after the required waiting period if the named person does not reply, the divorce will be granted. Before a divorce is granted under default laws, the petitioner must prove to the court that a reasonable attempt has been made to serve the respondent.
Whose name goes first in a court case?
the plaintiff
