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What does a Writ of Certiorari from the US Supreme Court indicate?


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Answered 2010-07-22 13:25:17

When the US Supreme Court issues a writ of certiorari (an order to the lower court to send up records), it indicates they have agreed to review the case under their appellate jurisdiction.

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Can cases reach the Supreme Court through certificate and writ of certiorari?

can Cases reach the Supreme Court through certificate and writ of certiorari.



What does the US Supreme Court apply when granting a petition for a writ of certiorari?

When it comes to granting a petition for a writ of certiorari, the U.S. Supreme Court applies the Rule of Four.


What do attorneys first submit to the US Supreme Court?

A petition for a writ of certiorari, or request for the Supreme Court to consider their case on appeal and issue a writ of certiorari to the lower (usually appellate) court. A writ of certiorari is a court order requesting the official records for a specified case.


When is a writ of Certiorari requested?

A Writ of Certiorari is requested when the supreme Court is going to hear the appeal of an order from a lower court. In Latin the term certiorari means to be informed of.


What written documents does the US Supreme Court receive when it accepts a case?

AnswerCase files and briefs.Contrary to popular belief, the Supreme Court does not receive a Writ of Certiorari when it accepts a case; the court issues a Writ of Certiorari, which is an order to the lower courts to send case records to the US Supreme Court for review.ExplanationA formal request for review by the US Supreme Court is called a petition for a writ of certiorari. If the Supreme Court agrees to hear the case, they grant certiorariand issue a writ of certiorari to the lower court.A writ of certiorari is an order from a higher appellate court to a lower court demanding a certified record of a particular case so the higher court (in this case, the US Supreme Court) can review the lower court's decision.When the lower court receives the writ, they send the case files to the Court. Meanwhile, the attorneys for both parties submit briefs, documents that present the points and arguments for each side of the case.The Supreme Court receives a petition for a writ of certiorari from one party to the case.The Supreme Court decides whether to hear the case: if they agree, they grant certiorari; if they refuse, they deny certiorari.If the Supreme Court grants certiorari, it sends a writ of certiorari to the lower court.The Supreme Court receives case files from the lower court.The Supreme Court receives briefs from the parties to the case.The Supreme Court may receive other documents, such as amicus briefs, etc.


What kind of jurisdiction uses a Writ of Certiorari?

A writ of certiorari is issued under appellate jurisdiction, most often by the Supreme Court.


How does the US Supreme Court indicate that the justices have agreed to review a lower court decision?

The US Supreme Court issues a writ of certiorari, or an order to the court from which the case is being appealed, to send the case records to the Supreme Court.In reality, the Supreme Court no longer issues a formal writ after granting certiorari; requesting files is now an administrative procedure handled by the Clerk of Court as a matter of routine.


What type of writ is used to appeal a case to the US Supreme Court?

A writ is an order of the court requiring action from another court or individual.Most cases are appealed to the US Supreme Court by a petition for a writ of certiorari, which is a request that the justices accept review of the case and issue a writ of certiorari, or order to the lower courts to send all trial and appellate records to the Supreme Court.


What is an Writ of Certiorari?

A writ of certiorari (Latin: "to be informed") is an order from an appellate court to a lower court to send the records for a specified case under review.When the US Supreme Court issues a writ of certiorari, it means they have granted a party's petition for writ of certiorari(request) to consider a case under the Court's appellate jurisdiction.In reality, issuance of a formal writ of certiorari is obsolete. Today, the US Supreme Court Clerk of Court typically requests case files from the lower courts using routine administrative processes, rather than serving a court order. The justices initiate this process when they agree to grantcertiorari to a case.


What circumstances does the US Supreme Court grant Writs of Certiorari?

A writ of certiorari is the Supreme Court's equivalent of an appeals case in lower courts. In this process four of nine Supreme Court justices must agree that there is sufficient evidence to hear the case. If they do agree to go forward, a writ of certiorari is then created.


When the Supreme Court argrees to hear a case what does it grant?

The Court grants certiorari to the petitioner, and issues a writ of certiorari to the lower court, asking for the case files.


What happens to most petitions for Writ of Certiorari to the US Supreme Court?

Most petitions for Writ of Certiorari are denied. For more information, see Related Questions, below.



What is the name for a formal request to the Supreme Court to hear a case?

The formal request is called a Petition for a Writ of Certiorari.The Court grants certiorari to the petitioner, and issues a writ of certiorari to the lower court, asking for the case files.Most cases are appealed to the US Supreme Court by a petition for a writ of certiorari, which is a request that the justices accept review of the case and issue a writ of certiorari, or order to the lower courts to send all trial and appellate records to the Supreme Court. Review of an appeal is not a right; the justices grant certiorari at their discretion.Appellate courts may also issue a writ of error, which is an order to release the trial record of an adjudicated case. This is most often sent from an intermediate appellate court to the court of original jurisdiction.


What term means to send up records from a lower court?

Writ of certiorariIf the US Supreme Court agrees to review a case, they issue a writ of certiorari to the lower court ordering the case records sent to the Supreme Court.For more information, see Related Questions, below.


Most cases reach the supreme court through?

To be heard in the supreme court, one must file a writ of certiorari, which the court must grant.


What is a Writ of Certiorari?

A writ of certiorari (Latin: "to be informed") is an order from an appellate court to a lower court to send the records for a specified case under review.A writ of certiorari orders a lower court to deliver its records in a case so that the higher court may review it.When the US Supreme Court issues a writ of certiorari, it means they have granted a party's petition for writ of certiorari(request) to consider a case under the Court's appellate jurisdiction.In reality, issuance of a formal writ of certiorari is obsolete. Today, the US Supreme Court Clerk of Court typically requests case files from the lower courts using routine administrative processes, rather than serving a court order. The justices initiate this process when they agree to grantcertiorari to a case.For more information, see Related Questions, below.


Which of these would be considered an example of a Writ of Certiorari?

The U.S. Supreme Court calls up a case from a lower court.


Can the US Supreme Court deny a petition for a Writ of Certiorari?

Yes. Due to the volume of petitions, the Supreme Court denies 98-99% of them.


What from the Supreme Court indicates that the Court has agreed to review a lower court decision?

A writ of certiorari is an order that allows the Supreme Court to review lower court cases. This writ is not limited to the Supreme Court, it may be used by any appellate court needing to review a case.


What is the most common way for cases to reach the US Supreme Court?

Cases are appealed to the US Supreme Court via a petition for a writ of certiorari.



Who can petition for a Writ of Certiorari?

A plaintiff or defendant in a federal court case (or in a state court case where a Federal Constitutional issue is in dispute ) who wants to appeal to the Supreme Court of the United States may ask for a writ of certiorari. The U.S. Supreme Court is obligated to take certain cases on appeal (for example, capital murder cases) but has discretion to take or not take certain others. The writ of certiorari is the Supreme Court's written agreement to take one of those discretionary cases on appeal.


Can an ex offender use a Writ of Certiorari to clear a wrongful conviction?

Ex offender doesn't mean anything, do you mean an ex convict, e.g. someone who has served his/her sentence and been released? In American law, when a case is decided the parties have a right to review by an appellate court. For example, if someone is convicted in Federal District Court, they have the right to have their case reviewed by the Federal Court of Appeals. After the Court of Appeals, they can appeal to the Supreme Court but the Supreme Court can choose whether or not to hear the case. If the Supreme Court decides to hear the case, the Supreme Court issues a Writ of Certiorari, which directs the Court of Appeals to send the records to the Supreme Court. So the answer is no, a writ of certiorari isn't used by a convicted criminal to clear a wrongful conviction. The court uses a writ of certiorari to take the case.


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