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What does the US Supreme Court issue when it accepts a case for review?
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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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Supreme Court will review cases from four states on the freedom to marry.
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The main duties of the Supreme Court justices are:Hear important casesReview briefs and discussVote and then issue a decision
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 does the US Supreme Court issue when they agree to hear an appeal of a case?
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.
When can US supreme court decisions be modified?
When the issue is again brought before the Supreme Court.
What is the difference between a constitutional court and legislative court?
A constitutional court is one exercising the judicial powers found in Article III of the constitution, and therefore its judges are given constitutional protection: they may not be fired nor may their salaries be reduced while they are in office.A legislative court is one set up be Congress for some specialized purpose and staffed with people who have fixed terms of office and can be removed or have their salaries reduced.The highest constitutional court in the USA is the US Supreme Court. Lower level Federal courts may make decisions on the constitutional validity of laws, however, these decisions are subject to review by the latter court if the issue is taken up by the Supreme Court. The US Supreme Court can choose to not review a lower court's decision.
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.
Who can petition the Supreme Court?
Anyone who has lost a case in the United States Court of Appeals or the supreme court of a state, and who believes that they have a constitutional issue that needs to be resolved by the Supreme Court.
Can a deed be contested on the grounds of undue influence in Mississippi?
Yes but you need to provide compelling evidence to the court. The judge will review the evidence and issue a ruling.Yes but you need to provide compelling evidence to the court. The judge will review the evidence and issue a ruling.Yes but you need to provide compelling evidence to the court. The judge will review the evidence and issue a ruling.Yes but you need to provide compelling evidence to the court. The judge will review the evidence and issue a ruling.
What is an order from the US Supreme Court to send up the records on a case for review?
If 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.In reality, use of the 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 grant certiorari to a case.For more information, see Related Questions, below.
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?
The matter is properly decided by the Supreme Court because the United States Court of Appeals for the Ninth Circuit, which overturned Proposition 8 as unconstitutional, has refused to review its decision en banc, thereby leaving the United States Supreme Court as the only remaining forum for appeal
When a lower court decision is appealed to the supreme court what will most likely happen?
Depends on the issue. The Supreme Court can send it back to the lower court, not hear it, or they can hear it.
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Can the US Supreme Court reverse or affirm decisions made by lower courts?
Yes. That is exactly what the US Supreme Court does under its appellate jurisdiction. The justices review lower court cases to determine whether the decision was correct based on the Court's interpretation of the Constitution or federal law and the legal issue.
Which act did the US Supreme Court declare wholly or partly unconstitutional?
The US Supreme Court has declared hundreds of state and federal acts unconstitutional under the power of judicial review.The first time the Supreme Court exercised judicial review to nullify federal law was in 1803 when Chief Justice John Marshall declared Section 13 of the Judiciary Act of 1789unconstitutional because he believed Congress had extended the Supreme Court's authority to issue writs of mandamus under its original jurisdiction (the first court to review a case) to federal officials, in contradiction to language in Article III of the Constitution.
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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Few cases are heard by the supreme court unless they deal with?
Few cases are heard by the supreme court unless they deal with a compelling constitutional issue.
Did the US Supreme Court change the law on legal immigrants and deportation?
No. This issue will probably work its way up to the Supreme Court, but hasn't yet.
When can a case be appealed from a state court to the Supreme court?
The US Supreme Court can only review cases on appeal from, or when an appeal has been refused by, a state's "court of last resort" (usually called [state name] supreme court, but there are exceptions), if all state avenues of appeal have been exhausted and if the case involves a preservedfederal or US constitutional question. For an issue to be preserved, it must be raised at the trial level and all levels of appeal.
What is the critical factor in determining whether a case gets to the supreme court?
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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