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What factors do the Justices consider?

2007-03-12 16:43:40 · 5 answers · asked by Fox 2 in Politics & Government Government

5 answers

It depends on the type of jurisdiction. There are a few types of cases which can be filed directly (original jurisdiction). And some appellate cases are mandatory appeals.

But most come to the court via a Petition for Certiorari, which is a request for the Court to consider the case.

Generally, the Court takes matters that have significant Constitutional issues, especially ones where there is a split (disagreement) between different appellate circuits.

For example, if several federal appellate courts come to one conclusion, and others come to the opposite conclusion, then the Supreme Court will often take the case to resolve the split.

Another common reason is where the a significant constitutional (or federal law) issue is one that's likely to come up frequently in other situations. The Court will sometimes take the case to preemptively set a national standard.

2007-03-12 16:48:17 · answer #1 · answered by coragryph 7 · 0 0

When the Supreme Court decides to hear a cases, it's called "granting certiorari". Under the Constitution, the Court has mainly appellate jurisdiction, meaning they could hear cases on appeal from all other courts, and have original jurisdiction in only a few instances. A case with original jurisdiction usually entails a conflict between branches of government or between the federal government and the states.

The main doctrine the Court uses to grant "cert" is the doctrine of "ripeness". If the legal issue is ripe enough, meaning really, really pressing for society, a worthy intellectual challenge for them, and there has already been some amount of pre-existing conflict, the Court will hear the case. There are plenty of issues that we may feel are important, but are not yet ripe enough for them.

Skylor Williams

2007-03-12 23:57:45 · answer #2 · answered by skylor_williams 3 · 0 0

None. They place various proposals on the wall and throw darts at them. The ones that are hit directly in the center with a dart are chosen for discussion and a ruling.

2007-03-13 02:27:54 · answer #3 · answered by Anonymous · 0 0

The US Sup. Court only considers cases that challenge the Constitution... so your "speeding" ticket ain't gonna make it.

2007-03-12 23:48:24 · answer #4 · answered by Anonymous · 0 0

according to their importance and relevance

2007-03-13 02:16:09 · answer #5 · answered by Anonymous · 0 0

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