0
Which party files in order to get a case before the US Supreme Court?
Wiki User
∙ 13y ago
Typically, whoever lost the last appeal petitions the Supreme Court to hear the case; however, either party may file.
If the Court grants certiorari (agrees to hear the case), the appellant (party appealing the case) has an advantage when filing briefs and during oral arguments because they get to go first and rebut (answer) the opposing party's argument after the other party has spoken. If a case is clearly headed to the Supreme Court on appeal, both parties attempt to gain an edge by preempting the other.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
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 is an official US Supreme Court order requesting case files from a lower court called?
When a party to a case wants to request the US Supreme Court review his or her case, the attorney files a "petition for a writ of certiorari." If the Court decides to hear a case, they "grant cert(iorari)" to the petitioner and issue a Writ of Certiorari to the lower courts, ordering all case files for review.For more information, see Related Questions, below.
In order for the supreme court to accept a case for review the case must?
The case must be unique and important in order for the Supreme Court to accept the case. The case can also be accepted if it is to resolve a conflict of law.
What are the courts in order from highest to lowest?
Privy Council Appeal Courts Commissioner Court Supreme Court Magistrate Court Juvenille Court
What is the speaking order for US Supreme Court justices?
The Chief Justice speaks first because he (or she) presides over the Court. The other justices traditionally speak in order of seniority, or time on the Court.
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.
How does the US Supreme Court indicate that the justices have agreed to review a lower court decision?
The US Supreme Court issues a writ of certiorari, or an order to the court from which the case is being appealed, to send the case records to the Supreme Court.In reality, the Supreme Court no longer issues a formal writ after granting certiorari; requesting files is now an administrative procedure handled by the Clerk of Court as a matter of routine.
What is the document called that the supreme court receives 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 is an official US Supreme Court order requesting case files from a lower court called?
When a party to a case wants to request the US Supreme Court review his or her case, the attorney files a "petition for a writ of certiorari." If the Court decides to hear a case, they "grant cert(iorari)" to the petitioner and issue a Writ of Certiorari to the lower courts, ordering all case files for review.For more information, see Related Questions, below.
What is the effect on a lower court ruling when an appeal is pending before the US Supreme Court?
When an appeal is pending before the US Supreme Court, the lower court ruling is typically put on hold or stayed until the Supreme Court makes a final decision. This means that the lower court's ruling does not have immediate effect and is effectively paused until the Supreme Court resolves the case.
What is the Rule of Four in the US Supreme Court?
The Rule of Four means four of the nine justices must agree to hear a case in order for it to be accepted on appeal. If four or more justices think the case is worth the Court's time, then the Supreme Court will issue a writ of certiorari to the lower court ordering them to send the case files to the Supreme Court, and the case will be placed on the docket.
Which are the names of all the courts?
THE SUPREME COURT, LOCAL COURT, HIGH COURT AND MAGISTRATE COURT. These are not in order
Can the US Supreme Court declare an act of Congress unlawful?
Yes, the US Supreme Court can evaluate federal laws or Acts of Congress and presidential Executive Orders and declare them unlawful or unconstitutional.It is important to understand that the Supreme Court can only declare a congressional Act or presidential Executive Order as unconstitutional only if it has already been signed into law and is relevant to a case before the Court. Contrary to popular belief, the Supreme Court cannot nullify any law or order unless someone brings a lawsuit directly or indirectly challenging it and the Supreme Court accepts the case on appeal.
What is the order of the supreme court directing a lower court to send the court the record of a certain case?
The "document" is a court order called a "writ of certiorari."
What court cases involved in order for the Supreme Court to hear them?
Constitution, treaties, or Federal Laws
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 does the US Supreme Court issue when it accepts a case for review?
A writ of certiorari is an order that allows the Supreme Court to review lower court cases. This writ is not limited to the Supreme Court, it may be used by any appellate court needing to review a case.
