What court is a case most likely to make its way to the supreme court?

Answer 1

Cases reach the US Supreme Court in one of two ways:

1. 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.

2. 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):

1. 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;
2. whether the case is of national importance, or would have a significant impact on society; or
3. 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.

Answer 2

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.