Who decides whether or not the Supreme Court will review a case? And no it's not homework!
2006-11-14 04:47:13 · 6 answers · asked by Jessica 1 in Politics & Government ➔ Law & Ethics
There are three situations.
First, there are some cases where the Supreme Court has original (not appellate) jurisdiction, as defined in Article III of the Constitution. In such cases, the Supreme Court must take the case.
There are also some situations where there is a mandatory appeal from either a state Supreme Court or a federal Appellate court. These are defined by statute, and again, the Supreme Court must take the case.
However, most cases heard by the Supreme Court are discretionary appeals, either from a state Supreme Court or a federal Appellate court. In such situations, the party filing the appeal asks the Supreme Court to hear the case. This is called a Petition for a Writ of Certiorari (meaning "to make certain"). If the Court agrees to hear the case, it "grants cert". Else it "denies cert". So, in this third category, it's up to the Supreme Court itself whether they hear the case or not.
2006-11-14 04:54:08 · answer #1 · answered by coragryph 7 · 1⤊ 0⤋
Theoretically The Justices themselves are supposed to decide. 4 out of 9 judges are required.[1]
In REALITY the judges participate in a so called cert pool[2] where they pool clerks to read cases and make a memorandum on whether they think the case should be taken by Supreme Court.
Thus often times a single clerk will be the one who decides whether or not the Supreme Court will review a case
2006-11-14 15:19:49 · answer #2 · answered by hq3 6 · 0⤊ 0⤋
The Supreme Court will receive the court/appeal files and review them. After which they will decide whether or not they want to hear the case or deny the case.
2006-11-14 12:53:20 · answer #3 · answered by drick 2 · 0⤊ 0⤋
The cases are first reviewed by attorneys who work for the supreme court to weed out anything that does not meet the standards for the Supreme Court. The rest are given to the court for a review and the justices decide if they will hear it or not.
At least, that is my understanding.
Sue
2006-11-14 13:04:57 · answer #4 · answered by newbiegranny 5 · 0⤊ 0⤋
cases are from a lower court and placed on the docket then chosen by number.
2006-11-14 12:54:30 · answer #5 · answered by longroad 5 · 0⤊ 0⤋
They make that decision for themselves.
2006-11-14 12:49:47 · answer #6 · answered by Anonymous · 0⤊ 0⤋