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Rule 19 of the Supreme Court Rules allows for the certification of legal questions to the United States Supreme Court. The rule provides that "a United States court of appeals may certify to this Court a question or proposition of law on which it seeks instruction for the proper decision of a case. The certificate shall contain a statement of ...
The certificate may only be issued when the petitioner has made a "substantial showing of the denial of a constitutional right". [2] The application may be made explicitly, but a notice of appeal made without a certificate of appealability is treated as an implicit application for the certificate. [3] "To obtain a [certificate of appealability ...
The court also hears questions submitted to it by appeals courts themselves via a process known as certification. [200] The Supreme Court relies on the record assembled by lower courts for the facts of a case and deals solely with the question of how the law applies to the facts presented.
In modern jurisprudence, § 1254(2) certification has become very rare. For example, when the en banc Fifth Circuit attempted to certify a question in 2009 (also a rare occurrence), the Supreme Court summarily declined to consider the case. [58] Certified questions are also governed by Supreme Court Rule 19.
Levi Woodbury was the first Justice to have formally attended a law school. Stanley Forman Reed was the last sitting Justice not to have received a law degree.. The Constitution of the United States does not require that any federal judges have any particular educational or career background, but the work of the Court involves complex questions of law – ranging from constitutional law to ...
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An exception exists when this situation arises in one of the now-rare cases brought directly to the Supreme Court on appeal from a United States District Court; in this situation, the case is referred to the U.S. Court of Appeals for the corresponding circuit for a final decision there by either the Court of Appeals sitting en banc, or a panel ...
Volumes of the United States Reports. The United States Reports (ISSN 0891-6845) are the official record (law reports) of the Supreme Court of the United States.They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner (the losing party in lower courts) and by the name of the respondent (the prevailing party below), and ...