Why You Shouldn’t Be Taking Erroneous Judgments to The Supreme Court

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Any litigant who feels that the verdict passed by a lower court is unfair or incorrect has the right to request the highest court of the country – the Supreme Court – to review the judgment once again. They are free to file a petition for writ of certiorari with the Clerk of the Supreme Court to bring forth an action from a state court of last resort or the United States court of appeals.

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Why You Shouldn’t Be Taking Erroneous Judgments to The Supreme Court Any litigant who feels that the verdict passed by a lower court is unfair or incorrect has the right to request the highest court of the country – the Supreme Court – to review the judgment once again. They are free to fle a petition for writ of certiorari with the Clerk of the Supreme Court to bring forth an action from a state court of last resort or the United States court of appeals. However this does not mean that the Supreme Court will reassess and correct every fawed or inappropriate ruling made across the whole country. In fact this is both impracticable and unfeasible.

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Indeed the primary concern of the Supreme Court is not to correct errors in the lower court decisions. A petition for certiorari to rectify a glaringly erroneous judgment can be easily rejected and may never become a writ for certiorari. Even fawed factual fndings or the misapplication of a properly stated rule of law rarely if ever warrants review through certiorari. However the summary dismissal in no way signifes that the Supreme Court agrees with the wrong decision of the lower court. Conversely granting certiorari also does not mean that the court opposes the earlier decision. It is just a statement of whether the Justices consider the matter important enough or not The fact of the matter is that…. Review on a writ of certiorari is based on judicial discretion alone. The Supreme Court will only grant certiorari for those petitions that are able to raise some compelling reasons. Such as: The lower court has violated the usual course of judicial proceedings. The lower court’s decision conficts with earlier decisions of a court of appeals the highest state court or even the Supreme Court itself. The petition raises issues of national importance. It has broached signifcant questions of law. The matter is of wide public or government interest. Every petition for certiorari is carefully considered and discussed by the Justices of the Supreme Court. Consequently if any four of the attending Justices feel that the questions raised by the petition are compelling enough and vote in favor of it will it be granted certiorari.

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The numbers speak for themselves. The Supreme Court grants and hears only about 1 of the petitions that are fled each term It all boils down to the fact that the Supreme Court aims to set a precedent or at least establish a nationally uniform understanding through its review of lower court decisions. Only if a petition of certiorari is able to raise such gripping issues will it be granted and become a writ for certiorari If you would like to add anything about the reasons for granting a petition for writ of certiorari please mention in the comments section below. For more details visit: http://supremecourtpaper.com/ +1 855 776-3800 Supreme Court Paper 4830 W. Kennedy Blvd.Ste. 600 T ampa FL 33609 USA infosupremecourtpaper.com

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