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To: Sola Veritas
Would you splain that in English for one of the great unwashed....me? What does not granting “certiorari” mean?

The Supreme Court is not required to hear most cases that come up on appeal. A petition for a writ of certoriari is filed which is a request to the Court to take the case under consideration. There are standards for what cases the Court will take -- i.e., constitutional question, conflicting lower court decisions, etc. But in all cases, it is discretionary with the Court as to whether to grant a writ of certoriari. Had the Court granted it, the parties would proceed to the merits by filing briefs, holding an oral argument. The Supreme Court DOES NOT take evidence, it only looks at the record from the lower court.

373 posted on 12/05/2008 10:49:08 AM PST by hankbrown
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To: hankbrown

The Supreme Court is not required to hear most cases that come up on appeal. A petition for a writ of certoriari is filed which is a request to the Court to take the case under consideration. There are standards for what cases the “Court will take — i.e., constitutional question, conflicting lower court decisions, etc. But in all cases, it is discretionary with the Court as to whether to grant a writ of certoriari. Had the Court granted it, the parties would proceed to the merits by filing briefs, holding an oral argument. The Supreme Court DOES NOT take evidence, it only looks at the record from the lower court.”

So the case is DOA? Or are their other possibilities?


384 posted on 12/05/2008 10:52:38 AM PST by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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