The certiorari process in the Supreme Court is distinct. The entire procedure begins at a trial court and gets forwarded to the Supreme Court when the parties are dissatisfied with the trial court’s decision. The right to accept or deny the writ, however, lies with the Supreme Court.
A writ of certiorari is a procedure by which the US Supreme Court hears an appeal from a lower court, if the parties are not satisfied with the decision of the latter. What’s meant by “granting certiorari”? Well, it means that the Supreme Court has agreed to hear a case. And why would it do so? Let’s find out.
How is the certiorari processed?
It is important to request the certiorari to the Supreme Court by submitting a petition of writ. As a matter of fact, not all the petitions that are submitted get granted by the Supreme Court. Facts say only 1.1% among the piles of thousands of petitions get granted ultimately. When the Supreme Court denies a petition, it doesn’t effect on the decision of the lower court, neither does it affect the laws involved.
Reasons why Supreme Court grants petition for writ of certiorari
Most cases heard in lower court, either rejected or not satisfying the parties, reach up to the Supreme Court to hear them. Although not strictly so, yet the Supreme Court tends to grant petitions for certiorari for:
- Cases resolving clear conflicts of law
The Supreme Court is free to choose, hear and decide a case that conflicts decisions involving the same federal law or interpretation of the US Constitution.
- Important or unique cases
The Court will hear the cases that are unique or momentous. Few of such cases are US v Nixon dealing with the Watergate scandal, or the abortion case of Roe v Wade, or the famous Bush v Gore related to the contested 2000 presidential election.
- Cases where Supreme Court is disregarded by the lower court
If, while hearing a certain case, a lower court deliberately ignores a previous Supreme Court ruling, the latter might hear the case with the aim to correct or to simply override the lower court’s ruling.
- Interesting cases
This remains a personal selection though, where the Supreme Court justices might at times choose to hear a case simply because it involves a favorite area of law.
Whatever your case or requirement be, it is extremely important to get your papers right before you apply in Supreme Court. Setting the stationery supplies all correct ensures a step higher that your hearing might not be rejected. If you want to arrange the filing papers done, SupremeCourtPaper.com is a trusted name amongst lawyers that deal with the same. Get in touch with them on http://supremecourtpaper.com or call at +1 (855) 776-3800 to get detailed information.
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