What type of jurisdiction gives the Supreme Court the authority to grant a writ of certiorari?
appellate jurisdiction
appellate and original jurisdiction
rule 10
original jurisdiction
appellate jurisdiction
The correct answer is appellate jurisdiction. The Supreme Court of the United States has the authority to grant a writ of certiorari under its appellate jurisdiction. The Court uses this discretionary power to review cases that have already been decided by lower courts, either federal or state. By granting certiorari, the Supreme Court agrees to hear the case and decide on its merits.
The correct answer is appellate jurisdiction.
To understand why, let's break down the options:
- Appellate jurisdiction: This type of jurisdiction refers to the authority of a higher court to review decisions made by lower courts. In the context of the Supreme Court, it means that it has the power to review cases that have already been decided by lower federal or state courts. The Supreme Court is primarily an appellate court, meaning most of the cases it hears come from lower courts on appeal.
- Appellate and original jurisdiction: This phrase refers to the fact that the Supreme Court has both appellate and original jurisdiction. Original jurisdiction means that the Supreme Court has the power to hear certain types of cases in the first instance, without them going through lower courts. However, it's important to note that the Supreme Court's original jurisdiction is limited and covers a relatively small number of cases, such as disputes between states.
- Rule 10: Rule 10 of the Supreme Court's Rules deals with the criteria and procedure for granting a writ of certiorari. A writ of certiorari is a formal request made by a party to a lower court case, asking the Supreme Court to review the case. Rule 10 outlines the factors the Court considers when deciding whether to grant certiorari, such as whether the case involves a significant legal issue or if there is a conflict among lower courts on the issue.
In summary, the correct answer is appellate jurisdiction because the Supreme Court generally has the authority to grant a writ of certiorari when exercising its appellate jurisdiction.