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Is it legal to petition the US Supreme Court?
Yes, of course it's legal to petition the US Supreme Court. When discussing Supreme Court cases, it's important to realize "petition" means to file an appeal of a case already decided by the lower courts. It does not mean to send a signature petition in protest or support of a decision. You are within your legal rights to send such a document, but the Court is not required to read it.
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 were questions concerning the extent of divisions and control of governmental powers resolved?
In the United States, such questions between Congress and the President or as the Constitution refers to them the Legislative and Executive Branch. Are answered by petition to the Judiciary Branch commonly known as the Supreme Court. In the United States Constitution under Article III, Section 2, this is one of the rare places the Supreme Holds original jurisdiction versus appellette jurisidiction
What was unusual about the petition Gideon filed with the Supreme Court?
The Court allowed him to file it in forma pauperis, which meant that the Court would waive the fees generally associated with such a petition. Generally, the Court dismisses most of these petitions; Gideon's was among those that it did not dismiss.
What does the Supreme Court do when it grants review of a case?
When the US Supreme Court agrees to hear a case, it issues a legal order called a "writ of certiorari" telling the lower court to send up the case files.
Is it legal to petition the US Supreme Court?
Yes, of course it's legal to petition the US Supreme Court. When discussing Supreme Court cases, it's important to realize "petition" means to file an appeal of a case already decided by the lower courts. It does not mean to send a signature petition in protest or support of a decision. You are within your legal rights to send such a document, but the Court is not required to read it.
May US Supreme Court rulings be set aside?
Yes, but only by the US Supreme Court itself. In order for a decision to be set aside, an appellant has 25 days after the decision is released to petition the Court for a rehearing. If the Court grants the petition, which it rarely does, the justices may decide to change a prior decision based on new information or a failure to properly consider relevant information presented earlier.If the Supreme Court denies the petition, the case is considered res judicata, or legally concluded. There is no right of appeal beyond this point.For more information, see Related Questions, below.
Can the US Supreme Court deny a petition for a Writ of Certiorari?
Yes. Due to the volume of petitions, the Supreme Court denies 98-99% of them.
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 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.
Which article of the constitution grants the Supreme Court the power of judicial review?
The power of judicial review is granted to the Supreme Court by Article III of the United States Constitution.
How were questions concerning the extent of divisions and control of governmental powers resolved?
In the United States, such questions between Congress and the President or as the Constitution refers to them the Legislative and Executive Branch. Are answered by petition to the Judiciary Branch commonly known as the Supreme Court. In the United States Constitution under Article III, Section 2, this is one of the rare places the Supreme Holds original jurisdiction versus appellette jurisidiction
What happens after a case goes on the supreme cour's docket?
There are various steps that lead to a Supreme Court hearing. First of all, the case begins in the lower courts. If unhappy with the decision reached in this court, the case can be appealed before US Court of Appeals. If this doesn't go well, the defendant can request a rehearing or petition the Supreme Court. A petition of certiorari has to be filed, this will ask the Supreme Court to hear the case. At this point, the Court will either agree to hear the case, or reject it.
How long does a divorce petition stay in effect in Montana?
The petition is filed to open a suit for divorce. The case is open until the petitioner dismisses it or until the court grants the divorce.
Can I petition family court for sole custody even though I have a current supreme court contested divorce and custody action pending?
no
What does the Supreme Court do when it grants review of a case?
When the US Supreme Court agrees to hear a case, it issues a legal order called a "writ of certiorari" telling the lower court to send up the case files.
What was unusual about the petition Gideon filed with the Supreme Court?
The Court allowed him to file it in forma pauperis, which meant that the Court would waive the fees generally associated with such a petition. Generally, the Court dismisses most of these petitions; Gideon's was among those that it did not dismiss.
