Typically, a case will reach the Supreme Court through an appeal by a circuit court. This normally happens after a smaller court reaches a decision where a party is dissatisfied, and it decides to appeal to the Supreme Court. From there, the Supreme Court can choose whether or not to take on the case. Four of the Nine Justices need to agree in order for the Supreme Court to accept a petition and reply in the form of a what is called a Writ of Certiorari, which basically is a Writ that informs the smaller court of a request for review. Thousands of cases are appealed to the Supreme Court yearly of which only a few are accepted. Those not accepted can still be appealed at the lower level.
Less often, a case will reach the Supreme Court through an appeal from a State Court. Cases tend to be accepted mainly when dealing with constitutional law, but in general, States try to keep the Courts separate to preserve State power. The way the case makes it up to the SC is similar to that of the circuit court, but the appeal comes from the State Court.
The final, and least common, way the Supreme Court will hear a case is through "Original Jurisdiction", which is when the Supreme Court hears a case directly, skipping any lower court. This tends to occur in cases where a federal political figure is involved, such as United States v. Nixon. Other times this occurs is conflict between states such as State of New Jersey v. State of New York.
Subscribe to:
Post Comments (Atom)
Adam W. Purinton
Adam W. Purinton, was sentenced for life in prison for the shooting and killing of an innocent man, he had also shot at 2 other men who ende...
-
As Coronavirus is spreading through the world, people are losing their lives and the virus has been spreading out of hand. As it entered t...
-
Ethan Couch and his defense team used an 'affluenza defense'. Affluenza is the psychological condition in which wealthy children hav...
-
Welcome to our classroom blog! I sincerely hope you find this a valuable resource for information and sharing ideas. Please remember to ob...
I feel that the "Original Jurisdiction" should be used more in important cases. We see that jurisdiction is primarily used for public authorities such as presidents and government, and between state issues. However, court cases that show extreme sensitivity, or very controversial should be taken up to the Supreme Court more often.
ReplyDelete