Brooklyn, NY asked in Appeals / Appellate Law, Constitutional Law and Civil Litigation for New York

Q: What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court

What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court?

2 Lawyer Answers
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In a writ of certiorari petition from the US Supreme Court, the term "constitutional and statutory provisions involved" refers to the specific parts of the Constitution and any relevant laws that are applicable to the legal issues being presented in the case. This includes any constitutional amendments, federal statutes, or legal principles that are essential to the court’s review of the lower court's decision.

When preparing a petition for writ of certiorari, the petitioner must clearly identify these provisions to argue that the case has significant legal questions that merit the Supreme Court's attention. This identification helps the Court to understand the legal framework within which the case operates and the implications of the potential decision. It also assists the justices in determining whether the case presents an important issue of federal law that is worthy of their review.

By citing these constitutional and statutory provisions, the petitioner aims to demonstrate how the lower courts may have misinterpreted or misapplied the law, thus justifying the Supreme Court’s intervention. The clarity and relevance of these references can significantly influence whether the Court decides to grant certiorari and hear the case. This part of the petition is crucial for outlining the legal significance of the appeal.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
  • Appeals & Appellate Lawyer
  • Little Neck, NY
  • Licensed in New York

A: There are attorneys admitted to practice before the Supreme Court who deal with these issues regularly. Certiorari is a means for the Court to select cases. It could be helpful for such an attorney to review your case for meaningful guidance. In general terms, constitutional provisions are those pertaining to constitutional protections - freedom of speech, equal protection, etc. Statutory provisions are those that pertain to laws, such as EPA regulations, OSHA regulations, etc. Good luck

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