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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 ...
Exemplified certified copy of Decree Absolute issued by the Family Court Deputy District Judge – divorce certificate. A certified copy is a copy (often a photocopy) of a primary document that has on it an endorsement or certificate that it is a true copy of the primary document. It does not certify that the primary document is genuine, only ...
The clerk then swears to the authenticity of the judge's signature, incumbency, and authority. The certificate page with the triple authentication is called the exemplification. A copy of this type is normally required by other states and countries when copies are being submitted for filing in their local court.
In Ex parte Tom Tong (1883), the Court held that—under 1872 amendments to the certification procedure, which went into effect during the Chase Court era—because habeas corpus was a civil proceeding, questions arising in habeas cases could not be certified to the Supreme Court until a final judgment had been entered. [35]
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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.
The Supreme Court normally DIGs a case through a per curiam decision, [a] usually without giving reasons, [2] but rather issuing a one-line decision: "The writ of certiorari is dismissed as improvidently granted." However, justices sometimes file separate opinions, and the opinion of the Court may instead give reasons for the DIG.