English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

2 answers

Usually because there are constitutional issues involved. Many don't go to be heard, but to get an opinion from the justices in a writ of certiorari.

It is a writ (order) of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court's decision. Certiorari is most commonly used by the U.S. Supreme Court, which is selective about which cases it will hear on appeal. To appeal to the Supreme Court one applies to the Supreme Court for a writ of certiorari, which it grants at its discretion and only when at least three members believe that the case involves a sufficiently significant federal question in the public interest. By denying such a writ the Supreme Court says it will let the lower court decision stand, particularly if it conforms to accepted precedents (previously decided cases).




"In the administrative law context, the common-law writ of certiorari was historically used by lower courts in the U.S. for judicial review of decisions made by an administrative agency after an adversarial hearing. Some states have retained this use of the writ of certiorari, while others have replaced it with statutory procedures. In the federal courts, this use of certiorari has been abolished, and replaced by a civil action under the Administrative Procedure Act in a United States District Court, or in some circumstances, a petition for review in a United States Court of Appeals."

Retrieved from "http://en.wikipedia.org/wiki/Certiorari"

2007-01-02 10:09:01 · answer #1 · answered by cantcu 7 · 0 0

On a federal question, typically a Constitutional issue. Perhaps via a writ of habeas corpus.

The US Supreme Court only accepts about a hundred cases a year, so the chances of getting an issue before them is slim. It's greater if circuit courts of appeals have issued conflicting judgments on the same issue.

2007-01-02 09:54:20 · answer #2 · answered by Anonymous · 1 0

fedest.com, questions and answers