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Cert Granted! Open Article in Another Window
May 2011
Getting the U.S. Supreme Cout to hear your case is not easy, but there are ways to increase your chances.
General Credit
1. To secure U.S. Supreme Court review of a lower court decision, you must file a petition for writ of certiorari.  True  False
2. The cert petition must be filed within 60 days after entry of judgment, which means entry of the decision must be sought to be reviewed.  True  False
3. If the cert petition is filed late, the Court might still consider it.  True  False
4. The Court grants cert in about 150 cases each term, which is an average of 6 to 8 percent of the Court's cert docket.  True  False
5. An opposition to a cert petition may not be filed unless the Court requests one.  True  False
6. A reply brief supporting a cert petition should be filed within ten days after the opposition to the cert petition is filed.  True  False
7. In every cert-worthy case, teh Court will grant review.  True  False
8. The Court will grant cert only in cases that present issues of national importance, beyond the particular facts and parties involved.  True  False
9. The Court often reviews cases that raise an important issue of state law on which the state courts are split.  True  False
10. Decisions by state courts are not cert-worthy.  True  False
11. It is important to always include all points of error (no matter how trivial) in the statement of the questions presented.  True  False
12. If a cert petition seeks review of a state court decision, it must show that the federal question presented was properly raised and preserved at every level below.  True  False
13. Showing that there is a conflict in federal appellate court decisions on the issue presented by a cert petition is a good way t demonstrate that the petition is cert-worthy.  True  False
14. If there is a conflict in federal appellate court decisions on the issue presented in a cert petition, then the issue is necessarily cert-worthy.  True  False
15. Amicus briefs supporting review increase the chances cert will be granted because they demonstrate that the issue is important to others besides the immediate parties.  True  False
16. Amicus briefs supporting review generally are due within 30 days after the petition is filed, but the justice assigned to the circuit from which the case originated may extend this deadline for good cause.  True  False
17. An amicus brief cannot be filed without the written consent of the parties.  True  False
18. A CVSG order from the Court is necessary before the solicitor general can file an amicus brief supporting a private party's cert petition.  True  False
19. A cert petition that raises an issue of federal government interest, such as interpretation of a federal statutory scheme, should emphasize  True  False
20. If a CVSG is issued, the parties must wait for the solicitor general to contact them for their input on the position the government should take.  True  False