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Answered 2010-05-02 07:25:03

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

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If a case is dismissed by the supreme court does the lower court ruling stand?

Supreme Court does not dismiss cases. It will either affirm or reverse the lower court, or it will decline to grant the appeal.


How does a US Supreme Court case start?

US Supreme Court cases are initiated when a minimum of four justices agree to grant a petition for writ of certiorari.


How many justices have to agree before the court will accept a case?

The US Supreme Court determines whether to hear a case according to the Rule of Four. If at least four of the nine Justices of the Supreme Court agree, they will grant certiorari and hear the case.


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.


How many US Supreme Court justices must agree to hear an appeal?

The US Supreme Court determines whether to hear a case according to the Rule of Four. If at least four of the nine Justices of the Supreme Court agree, they will grant certiorari and hear the case.


Was Emmett Till's court case a supreme court case?

No it was not a supreme court case, but a state case because it was held in the local court


How many votes are needed to accept a case in the US Supreme Court?

It requires the vote of at least four of the nine US Supreme Court justices to grant a petition for writ of certiorari. If four Justices agree, the Supreme Court will accept the case. This is referred to as the "Rule of Four."


Can another court change the decision of a supreme court case?

can another court change the decision of a Supreme Court case


What court grants appeal by permission only?

The Supreme Court of the United States has full discretion over the cases reviewed under its appellate jurisdiction. Appellants submit a "petition for a writ of certiorari," asking the Court to consider a case. If the Supreme Court believes the petition has merit, they may grant certiorari (grant cert) and issue a writ of certiorari (order to the lower court to send case records). When the justices grant cert, they are essentially granting permission to the petitioner to bring a case before the Court.


How many US Supreme Court justices must agree to hear a case for certiorari to be granted?

The Supreme Court applies the traditional "rule of four" that prescribes at least four justices must agree to hear the case in order for the Court to grant certiorari.


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.


How many US Supreme Court justices are needed to place a case on the docket?

The US Supreme Court uses the "rule of four" to determine whether a case will be placed on the docket. Four justices must agree to grant certiorari.


How does a case on appeal reach the supreme court?

A case on appeal reaches the supreme court if the judges below them cant handle it or that case specifically but it is very hard to get a case on appeal in the supreme court


Who won in the Rhodes v Chapman supreme court case?

chapman won the supreme court case


Who decide whether or not the supreme court will review a case?

who decides whether or not the supreme court will review a case


What does the supreme court case us v bagley do?

What does the supreme court case burns v. reed do?


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 case resulted in the supreme court in a ruling the grant congress board powers over interstate commerce?

Gibbons v. Ogden is the name of the case that resulted in the Supreme Court in a ruling that grants Congress board powers over interstate commerce.


What is it called when four Supreme Court Justices must agree before a case may be heard?

The party must request that the court grant a writ of certiorari.


What are the three actions the US Supreme Court may take when it reviews a case?

The Supreme Court of the United States of America can choose to not hear a case. The Supreme Court can also send the case back to a lower court. Or, the US Supreme Court Judges can choose to proceed to hear the case and issue a ruling.



What is the effect if the Supreme Court refuses to hear a case?

The ruling of the court below the Supreme Court will be upheld. The Supreme Court is similar to an appeals court. If they don't want to take the case, then whatever the court ruling was will stand.


What is petititon for the US Supreme Court to hear a case called?

A petition for a writ of certiorari. If the Supreme Court agrees to hear the case, they grant cert(iorari); otherwise, they issue an order declare cert(iorari) denied. After the Court accepts a case, it issues a writ of certiorari to the last court to handle the case, ordering the relevant files be sent to the Supreme Court. The case itself is said to be "on certiorari from [name of lower court]" (e.g., On certiorari from the US Court of Appeals for the Fourth Circuit).For more information, see Related Questions, below.


What Supreme Court case set up the Supreme Court?

There is no case that set up the Supreme Court. The US Supreme Court was required under Article III of the Constitution; Congress created it with the Judiciary Act of 1789.


How many judges at a supreme court of Canada case?

There are nine judges at the supreme court of Canada in each case.


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