Not all cases presented to the Supreme Court are heard by the court. Most cases to the Supreme Court are writ of certiorari petitions from losing parties and the court review the most significant cases. Most decisions by the Supreme Court are precedents interpretation of law by the state and federal courts, and must follow. Cases for hearing by the Supreme Court must be within the federal courts jurisdiction or involve issues in federal law (Unah, 2010).
If the case meets its jurisdiction and is to be heard, the first step is filing of suit in local court or federal court. Trial judges hear the evidence and make consideration for the legal arguments presented by each side. The trial judge then makes the decision. If part of the case or all of the case is decided against one side, they can then make an appeal to a higher court. After appealing as far as possible, the final appeal is made to the Supreme Court (Schwartz, 1997). …show more content…
The document provides the history of the case, basic facts of the case as well as important legal issues presented in the case. The opponent side also files a response. Other interested parties also file briefs either supporting or opposing the petition. The file goes to the Supreme Court clerks, for review. The clerks summarize the documents for the Supreme Court justices. They also make a recommendation on whether the case should be taken for hearing by the Supreme Court. Lastly, the Supreme Court justices must make the final decision. At least four of the nine Supreme Court Justices must agree on granting the Petition for Certiorari. When the case is accepted, a "writ of certiorari’ is then issued (Schwartz,