0
What court is a case most likely to make its way to the supreme court?
Wiki User
∙ 9y ago
Cases reach the US Supreme Court in one of two ways:
- Under original jurisdiction
Original jurisdiction means the Supreme Court is the first to hear the case, acting as a trial court. Most cases heard under original jurisdiction involve disputes between the states, and account for only a tiny percent of the Court's work each year. The Supreme Court is constitutionally required to hear these cases.
- Under appellate jurisdiction
Appellate jurisdiction means the case has already been to trial, and the losing party believes his (or her) rights were violated, or the decision was wrong due to a serious legal or procedural error. Before the Supreme Court can hear an issue under appellate jurisdiction, it (usually) must exhaust all other appeals. Most of the Supreme Court's caseload consists of suits being appealed from the federal court system (about two-thirds) or state court systems (about one-third).
In 2008, the US Supreme Court received more than 10,000 petitions for Writ of Certiorari, or requests for the justices to review a legal matter on final appeal. Clearly, there is no way nine justices can hear and decide 10,000 cases, so they use their judicial discretion to choose approximately 1-2% that they consider most worthy of their time.
According to the late Chief Justice William Rehnquist in his book, The Supreme Court: How It Was, How It Is, the decision whether to hear a case hinges on three major factors(paraphrased):
- If the decision is from one of the US Court of Appeals Circuit Courts, whether it is in conflict with the decisions of other Circuits;
- whether the case is of national importance, or would have a significant impact on society; or
- whether the lower court's decision is considered wrong in light of the U.S. Supreme Court's earlier opinions (precedents).
In addition, the case must involve questions of federal or constitutional law. The goal of the US Supreme Court is fair legal application and consistency of decisions in relation to the Constitution, federal law, and established precedents.
it raises a constitutional question. (Grad-point)
For more detailed information, see Related Questions, below.
Wiki User
∙ 8y ago
A case is most likely to make its way to the Supreme Court if it involves a constitutional question or if there is a significant legal issue that needs clarification. Additionally, cases that have conflicting decisions from lower federal courts or state supreme courts have a higher chance of being heard by the Supreme Court. Ultimately, the Court has discretion in deciding which cases it wants to hear.
Add your answer:
Earn +20 pts
What decisions did the Supreme Court make?
The Supreme Court has made many decisions. Provide a case or subject and an answer can be given.
What is a conservative Supreme Court most likely to do?
A conservative member of the supreme court is likely to make a ruling against immigration,against abortion rights and against tightening gun laws.
What was the role of the supreme court as created by the constitution?
To make the final decision of the case.
The Supreme Court must have a to render a decision in a case.?
The Supreme Court must have a simple majority to render a decision in a case.
How can the supreme court check the power of congres?
The Supreme Court can check the power of Congress by ruling legislation passed by Congress is unconstitutional. The Supreme Court can do this when they a presented with an opportunity to hear a case which disputes a law. The supreme court's decision is final because it is the highest court in America.
Before their case is decided before the supreme court of the United states what must the parties to the case do?
Before their cases is decided before the Supreme court of the United States, the parties must make their final submissions.
How does the Supreme Court help us?
If a decision made at District Court is successfully appealled, the case gets taken to a higher court. If there wasn't a Supreme Court, cases would keep getting appealled and taken to a higher court each time. Rulings by the Supreme Court can get appealled (the case would get taken to Congress), but this process is very difficult. The Supreme Court also has a duty to make sure laws and actions by the President and Congress are not unconsitutional.
What is the name of the request that lawyers make to the Supreme Court asking that a case be reviewed?
petition for a writ of certiorari
How can a state court avoid review of a case by the US Supreme Court?
The only state courts eligible to have cases reviewed by the US Supreme Court are the state supreme courts or court of appeals immediately under the state supreme court (if that court declines review), because a case must exhaust all appellate options before any party can petition the US Supreme Court for a writ of certiorari. State supreme courts can avoid having their cases reviewed by never accepting a case that involves questions of federal or constitutional law. Barring that, they could pay careful attention to case law and not make a ruling in conflict with an established precedent. Barring that, they can only hope whoever loses the state supreme court appeal doesn't petition the US Supreme Court for a writ of certiorari or, if they do, hope that the case isn't sufficiently compelling that it attracts four of the Justices' interest.
How Many supreme court justice make Up the Supreme court.?
9
Is it true the supreme court is the highest part of the judiciary branch of your government?
Yes, the Supreme Court of the United States was granted power from our founding fathers as the court of last resort when, on appeal, a case is to be reviewed when there is a probability that an individual has had his or her Constitutional Rights violated. In order for an appeal to reach the Supreme Court, it is the duty of the lower courts (District Courts) to first file an appeal within the Circuit Court or Appellate Courts for state in which the trial was held. There are 11 Circuit Courts within the United States so it is imperative to learn which circuit your state belongs to. Many times, when a case first reaches the Circuit Court, it is reviewed by Federal Judges in which they will decide if an appeal is granted or denied based on the facts of case and the reason for appeal. If the Circuit Court finds no reason to believe a rights violation has occurred, an appeal can be brought further into the Supreme Court through a document; "Writ of Certiorari" asking the Supreme Court to review the case with interpretation of the Constitution.Having the Supreme Court actually review your case can be a challenge. When a case enters the Supreme Court, it is the law clerks that first review the case and make the recommendation of whether or not the case should be reviewed by one of the Supreme Court Justices. If a recommendation is denial for review, the case will be denied a review; end of the road. However, if there is substantial and undeniable evidence that exists showing a Constitutional Right has been violated, the Supreme Court Justice will put the case on the docket for discussion with the other Supreme Court Justice's. If all decide to grant a review, the case will be thoroughly reviewed and a determination can be made.The Supreme Court ruling on a case is the final say. Any interpretation of the Constitution that is made and any decision made on a case will become what is known as a "landmark decision".
What two ways cases come to the Supreme court?
Cases come to the Supreme court in two ways:Under original jurisdiction, which currently includes only disputes between the states.Under appellate jurisdiction, where the case (usually) has exhausted all appeals in the federal or (sometimes) state court system.Basically, a case can go to the Supreme Court through appeals. Another way a case can make it to the Supreme Court is if it involves changes to the federal law.Cases are not directly filed with the US Supreme Court. They must begin in the Federal Circuit in one of the US District Courts or in a state trial court.If a verdict unsatisfactory to one side in the case is rendered, the next step is to appeal that case to the US Federal Court of Appeals for the Federal District in which the District Court was located, or to the court of appeals for the state in which the case was originally tried.If the verdict is still unsatisfactory, it may be submitted to the US Supreme Court (unless the case originated in the state court system, in which case it must be petitioned to the state supreme court first) which will then decide on whether it wishes to hear the case, or not.If not - they will remand it back to the Court of Appeals for final jurisdiction. If they DO accept it, they will hear arguments from the attorneys for both sides, and then each Justice will render their own opinion on the case. The majority of opinions decides the case.
