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Answered 2010-12-18 03:02:00

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

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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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How many US Supreme Court justices must agree to hear a case?

The US Supreme Court uses the rule of four to determine which cases are heard; any four justices may vote for a petition in order to grant certiorari.Individuals, litigants or petitioners who seek review by the Supreme Court submit a petition for a writ of certiorari, and if granted, the case comes before the them for disposition. Such was the Florida case of Gideon v. Wainwright.

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What are the types of writs used to have a case heard by the US Supreme Court?

"Oyez! Oyez! Oyez! All persons having business before the Honorable the Supreme Court of the United States are admonished to draw near and give their attention, for the Court is now sitting. God save the United States and this Honorable Court!"There is generally no appeal as of right to the Supreme Court of the United States. The Court generally only hears the "cases and controversies" (as defined in U.S. Const., Art III, Sec. 2) that the Court desires and seeks to hear (there is a narrow and unusual category of cases that are heard as of right of the appellant and appellee). The legal process the Court uses to bring such cases before the Court is the writ known as the writ of certiorari.Black's Law Dictionary, 9th Ed., defines these terms: (fair use)"[W]rit[...] (bef[ore] 12[th] c[ent.]) A court's written order, in the name of a state or other competent legal authority, commanding the addressee to do or refrain from doing some specified act[...]""[C]ertiorari[...][Law Latin, "to be more fully informed"] (15[th] c[ent.]) An extraordinary writ issued by an appellate court, at its discretion, directing a lower court to deliver the record in the case for review. The writ evolved from one of the prerogative writs of the English Court of King's Bench, and in the United States it became a general appellate remedy. The U.S. Supreme Court uses certiorari to review most of the cases that it decides to hear. -- Abbr. cert. -- Also termed writ of certiorari[...]"

Why doesn't the US Supreme Court use a jury?

AnswerMost US Supreme Court cases are heard under the Court's appellate jurisdiction, whereby the issue was initially tried by the lower courts, has exhausted all avenues of appeal below the Supreme Court, and the losing party has petitioned the Supreme Court for a Writ of Certiorari. A petition for a Writ of Certiorari is a formal request that the Court review the final lower court appeal to determine whether questions of constitutional and federal law were interpreted and adjudicated correctly.The Supreme Court does not conduct a trial under these circumstances, but reads the case history and lower court opinions, then listens to oral arguments on behalf of the Petitioner and Respondent (similar to a Plaintiff and Defendant) before determining whether the lower court decision was correct (affirmed) or incorrect (reversed). Because this level of appeal requires expert knowledge of constitutional precepts and laws, the nine Justices, alone, vote on the final decision.The only cases the US Supreme Court currently hears under original jurisdiction are disputes between the states. The Court uses a "Special Master" instead of a jury when reviewing such cases because of the level of expertise legal needed to make a determination.

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What is the name of the rule the US Supreme Court uses when deciding whether to hear a case?

The Rule of FourThe rule of four means four members of the Supreme Court must vote to hear a case in order to grant certiorari.

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