What does it mean for cert to be granted? Under what circumstances are writs of certiorari granted? What happens to a case if the Supreme Court does not grant cert?
If a writ of certiorari is granted that means a request from a lower court has been given the chance to take a case to the Supreme Court for further examination. In order for a writ of certiorari to be granted it must be deemed as "a substantial federal question". If a writ of certiorari is to be granted it must come from a U.S. court of appeals, a special three-judge district court, or a state court of last restort. A writ also must hold federal significance to appeal to the Supreme Court. When a writ of certiorari is not granted it is dead listed and is not discussed anymore by the justices and their law clerks. It remains in the lower courts.
A granted writ of ceriori means that a case from a lower court has been deemed important enough to be reviewed by the Supreme Court for a new trial. Writs of certiori are granted when they involve a federal question that involve a federal statute,action, or treaty. Also writs must come from either a U.s Court of Appeals, a special three- judge district court, or a state court. If a case is denied cert then it is put into a dead list and never brought up again by the justices. Therefore, the verdict reached in the lower courts is final.
"Rule of four" If 4 justices vote to accept a case, the court will hear the case.
If cert is NOT granted the ruling of the lower court stands. However, this does NOT mean that the Supreme Court agrees. They have just decided not to rule on the issue at that time.
If a writ of certiorari is granted that means a request from a lower court has been given the chance to take a case to the Supreme Court for further examination. In order for a writ of certiorari to be granted it must be deemed as "a substantial federal question". If a writ of certiorari is to be granted it must come from a U.S. court of appeals, a special three-judge district court, or a state court of last restort. A writ also must hold federal significance to appeal to the Supreme Court. When a writ of certiorari is not granted it is dead listed and is not discussed anymore by the justices and their law clerks. It remains in the lower courts.
ReplyDeleteA granted writ of ceriori means that a case from a lower court has been deemed important enough to be reviewed by the Supreme Court for a new trial. Writs of certiori are granted when they involve a federal question that involve a federal statute,action, or treaty. Also writs must come from either a U.s Court of Appeals, a special three- judge district court, or a state court. If a case is denied cert then it is put into a dead list and never brought up again by the justices. Therefore, the verdict reached in the lower courts is final.
ReplyDelete- Harrison
"Rule of four" If 4 justices vote to accept a case, the court will hear the case.
ReplyDeleteIf cert is NOT granted the ruling of the lower court stands. However, this does NOT mean that the Supreme Court agrees. They have just decided not to rule on the issue at that time.