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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 ...
In this sense, it is also known as a triple certificate or three-way certificate. Its authenticity is sworn to by the clerk of the court where the judgment was rendered, and counter-authenticated by the presiding judicial officer of that Court. [4] The clerk then swears to the authenticity of the judge's signature, incumbency, and authority.
Grove City College v. Bell, 465 U.S. 555 (1984), was a case in which the United States Supreme Court held that Title IX, which applies only to colleges and universities that receive federal funds, could be applied to a private school that refused direct federal funding but for which a large number of students had received federally funded scholarships.
The court also hears questions submitted to it by appeals courts themselves via a process known as certification. [186] 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.
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Pickering v. Board of Education, 391 U.S. 563 (1968), was a case in which the Supreme Court of the United States held that in the absence of proof of the teacher knowingly or recklessly making false statements the teacher had a right to speak on issues of public importance without being dismissed from their position. [1]