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Answered 2011-07-16 14:05:16

The US Supreme Court traditionally issues a writ of certiorari, an order to the lower court to send the records for the case under review. Although the Court still grants and denies certiorari, they seldom issue an actual court order for records anymore; this function is now handled administratively by the Clerk of Court.

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What is the issue in the four important cases the Supreme Court is about to review?

Supreme Court will review cases from four states on the freedom to marry.


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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.


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The US Supreme Court traditionally issues a writ of certiorari, an order to the lower court to send the records for the case under review. Although the Court still grants and denies certiorari, they seldom issue an actual court order for records anymore; this function is now handled administratively by the Clerk of Court.


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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.


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What is an order from the US Supreme Court to send up the records on a case for review?

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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.


Is the validity of California's Proposition 8 an issue correctly decided by the US Supreme Court?

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The Supreme Court usually only hears 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 an official US Supreme Court order requesting case files from a lower court called?

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A critical factor in whether a case is heard by the Supreme Court is whether Constitutionality is at issue. The Supreme Court selects certain cases and grants certiorari.


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