Author Question: Explain the process by which court cases arrive at the U.S. Supreme Court. What will be an ideal ... (Read 56 times)

krzymel · **on:** Aug 24, 2018

Explain the process by which court cases arrive at the U.S. Supreme Court.

What will be an ideal response?

Question 2

In Gideon v. Wainwright (1963 ) the Sixth Amendment right to the assistance of counsel was ___________________ _ into the Due Process Clause.

Fill in the blank(s) with correct word

stano32 · **Reply #1 on:** Aug 24, 2018

Answer to Question 1

Stated simply, a state-level case can arrive at the U.S. Supreme Court if it raises a federal question, which is usually a question concerning the U.S. Constitution. First, however, such a case must proceed through several steps. It must move all the way to the state supreme court. That is, a case cannot jump from a state level intermediate appellate court to the U.S. Supreme Court. Next, like many appellate courts, the U.S. Supreme Court must decide whether it wants to hear the case.

The party seeking a decision must file documents with the Court, asking to be heard. If the Supreme Court agrees the case is worth deciding, it issues what is known as a writ of certiorari. This is an order by the court requiring the lower court to send the case and a record of its proceedings to the U.S. Supreme Court for review. Four of the nine U.S. Supreme Court justices must agree to hear a case before a writ of certiorari will be issued. This is known as the rule of four. If there are not at least four justices who agree to hear the case, it ends of the road in terms of legal options. It is not uncommon for the Supreme Court to review thousands of petitions yet grant fewer than 100 writs of certiorari.

Answer to Question 2

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