Does every case get to be heard at the Supreme Court why or why not?

Question

this is a class project i need help asap

Answer 1

No, the Justices can decline to hear a case.

Phurface

Answer 2

No. The Supreme Court has limited jurisdiction for appeals and in most cses they decide which cases are important enough to hear. Last year I think they accepted jurisdiction in less than a hundred cases.

Generally the US Supreme Court hears appeals only from one of the 12 intermediate US Appellate Courts (Circuit Courts of Appeal) if there is a conflict among the circuits -- or if a full panel of one circuit's judges specially certifies a question as being of great importance; and from State Supreme Courts if the state Supreme Court has ruled on a significant Constitutional issue.

Do a Yahoo Search for "U. S. Supreme Court Jurisdiction," for more detailed info.

Answer 3

nope. not every case. just think how congested the fed supreme (or state) courts would be if this happened. only the cases with timely topics, something that might be associated with any of the jurors, etc. also, any court case, from the lower courts, that would set a prime example would certainly be considered. just think. any landmark case began in the lower courts, fed through the systems on appeal and ended at the supreme level in DC. we are a reactionary people. anything in american history, and i mean anything, is part and parcel to an event that occured. whatever steps we take afterwards is considered reactionary. keep that in mind when reviewing any of the lower, mid or higher level courts, law enforcement, whatever. we ARE taught that the supreme court in DC was constructed to be apolitical but know what? when dealing with humans, issues of humans and human emotions, apolitical is just a word not recognized outside the dictionary. the justices might follow another 'drummer' after being in the courts for a while but when first placed there? they hardly disappoint their appointers. they say whatever it takes to be confirmed and then....? all bets are off!

Answer 4

The Supreme Court's authority to hear a case is limited by Article III, Section 2 of the Constitution. It includes some cases not arising under the Constitution, but the key is that they have no authority to hear anything if the Constitution doesn't give it to them. You will never get a speeding ticket case to the USSC.

In addition, they require that there be an actual controversy. They refuse to hear some cases on grounds of "mootness", meaning there's no remedy to the case. For example, a prisoner files a case claiming he is being held unlawfully, but is released before it comes to the USSC. It's moot. Also, they do not hear cases that are not "ripe", so a person who thought he was about to be unlawfully detained could not get the USSC to hear that, either.

Answer 5

No, the Supreme Court only hears cases that deal with Constitutional applications/interpretations. They can also decline to hear cases.

Answer 6

No. The supreme court only deals with cases that have a constitutional arguement.

you have to petition, once you get to that level, to the supreme court, and they will decide if they will hear the case or not.

Answer 7

no. Cases start at the local level in trial court...if you don't like what happens at that level you may attempt to appeal the trial court judge's decision. The appellate court then will decide whether or not to review the case and if they do and you don't like their decision you may be able to appeal to the supreme court.

Answer 8

For some reasons. To winnow out situations, because of the fact the splendid courtroom docket is overcrowded. Ideological reasons on the Circuit courtroom, The case has no benefit The splendid courtroom could sense the case has no benefit

Answer 9

no... too many cases. the docket will be set for yeas in advance!

Answer 10

wikipedia: look through this and see what you need.

How a case moves through the Court
Main article: Procedures of the Supreme Court of the United States
The vast majority of cases come before the Court by way of petitions for writs of certiorari, commonly referred to as "cert". The Court may review any case in the federal courts of appeals "by writ of certiorari granted upon the petition of any party to any civil or criminal case".[12] The Court may only review "final judgments rendered by the highest court of a state in which a decision could be had" if those judgments involve a question of federal statutory or constitutional law.[13] The party that lost in the lower court is called the petitioner, and the party that prevailed is called the respondent. All case names before the Court are styled Petitioner v. Respondent, regardless of which party initiated the lawsuit in the trial court. For example, criminal prosecutions are brought in the name of the state and against an individual, as in State of Arizona v. Ernesto Miranda. If the defendant is convicted, and his conviction then is affirmed on appeal in the state supreme court, when he petitions for cert the name of the case becomes Miranda v. Arizona.

The common shorthand name for cases is typically the first party (the appellant). For example, Brown v. Board of Education is referred to simply as Brown, and Roe v. Wade as Roe. The exception to this rule is when the name of a state, or the United States, or some government entity, is the first listed party. In that instance, the name of the second party is the shorthand name. For example, Iowa v. Tovar is referred to simply as Tovar, and Gonzales v. Raich is referred to simply as Raich, because the first party, Alberto Gonzales, was sued in his official capacity as the United States Attorney General.

A cert petition is voted on at a session of the Court called a conference. A conference is a private meeting of the nine Justices by themselves; the public is not permitted to attend, and neither are the Justices' law clerks. If four Justices vote to grant the petition, then the case proceeds to the briefing stage; otherwise, the case ends. Except in death penalty cases and other cases in which the Court orders briefing from the respondent, the respondent may, but is not required to, file a response to the cert petition.

The Court grants a petition for certiorari only for "compelling reasons," spelled out in the court's Rule 10. Such reasons include, without limitation:

to resolve a conflict in the interpretation of a federal law or a provision of the federal constitution
to correct an egregious departure from the accepted and usual course of judicial proceedings
to resolve an important question of federal law, or to expressly review a decision of a lower court that conflicts directly with a previous decision of the Court.
When a conflict of interpretations arises from differing interpretations of the same law or constitutional provision issued by different federal circuit courts of appeals, lawyers call this situation a "circuit split". If the Court votes to deny a cert petition, as it does in the vast majority of such petitions that come before it, it does so typically without comment. A denial of a cert petition is not a judgment on the merits of a case, and the decision of the lower court stands as the final ruling in the case.

To manage the high volume of cert petitions received by the Court each year (of the more than 7,000 petitions the Court receives each year, it will usually request briefing and hear oral argument in 100 or fewer), the Court employs an internal case management tool known as the "cert pool." Currently, all justices except for Justice Stevens participate in the cert pool.[14][15]

When the Court grants a cert petition, the case is set for oral argument. At this point, both parties file briefs on the merits of the case, as distinct from reasons the parties may urge for granting or denying the cert petition. With the consent of the parties or approval of the Court, amici curiae may also file briefs. The Court holds two-week oral argument sessions each month from October through April. Each side has half an hour to present its argument, and during that time the Justices can and do interrupt the advocate and ask questions of their own. The petitioner goes first, and may reserve some time to rebut the respondent's arguments after the respondent has concluded. Amici curiae may also present oral argument on behalf of one party if that party agrees. The Court advises counsel to assume that the Justices are familiar with and have read the briefs filed in a case.

At the conclusion of oral argument, the case is submitted for decision. Cases are decided by majority vote of the Justices. It is the Court's practice to issue decisions in all cases argued in a particular Term by the end of that Term. Within that Term, however, the Court is under no obligation to release a decision within any set time after oral argument. At the conclusion of oral argument, the Justices retire to another conference at which the preliminary votes are tallied, and the most senior Justice in the majority assigns the initial draft of the Court's opinion to a Justice on his or her side. Drafts of the Court's opinion, as well as any concurring or dissenting opinions, circulate among the Justices until the Court is prepared to announce the judgment in a particular case.

It is possible that, through recusals or vacancies, the Court divides evenly on a case. If that occurs, then the decision of the court below is affirmed, but does not establish binding precedent. In effect, it results in a return to the status quo ante. For a case to be heard, there must be a quorum of at least six justices.[16] If, because of recusals and vacancies, there is no quorum to hear a case and a majority of qualified justices believes that the case cannot be heard and determined in the next term, then the judgment of the court below is affirmed as if the Court had been evenly divided. For cases brought directly to the Supreme Court by direct appeal from a United States District Court, the Chief Justice may order the case remanded to the appropriate U.S. Court of Appeals for a final decision there.[17]

The Court's opinions are published in three stages. First, a slip opinion is made available on the Court's web site and through other outlets. Next, a number of opinions are bound together in paperback form, called a preliminary print of United States Reports, the official series of books in which the final version of the Court's opinions appears. About a year after the preliminary prints are issued, a final bound volume of U.S. Reports is issued. The individual volumes of U.S. Reports are numbered so that may cite this set of reporters -- or a competing version published by another commercial legal publisher -- to allow those who read their pleadings and other briefs to find the cases quickly and easily.

At present there are 545 volumes of U.S. Reports. Lawyers use an abbreviated format to cite cases, in the form xxx U.S. xxx (yyyy). The number before the "U.S." refers to the volume number, and the number after the U.S. refers to the page within that volume. The number in parentheses is the year in which the case was decided. For instance, if a lawyer wanted to cite Roe v. Wade, decided in 1973, and which appears on page 113 of volume 410 of U.S. Reports, he would write 410 U.S. 113 (1973).


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