80.9k views
11 votes
When going before the Supreme

Court, what MUST take place?
A. Witnesses must be called on both sides of the case.
B. New laws must be developed and passed by the
court.
C. The case must deal with a pre-existing law or
amendment.
Copyright © 2003 - 2021 Acellus Corporation. All Rights Reserved.

1 Answer

11 votes

Final answer:

When going before the Supreme Court, a case must deal with a pre-existing law or amendment. The Supreme Court's function is primarily interpretive, and it focuses on legal arguments based on the Constitution and federal laws. A writ of certiorari is often the method by which a case is appealed to the Supreme Court.

Step-by-step explanation:

When a case goes before the Supreme Court, several critical steps must occur, but having witnesses called on both sides is not a mandatory element as the Supreme Court primarily deals with legal arguments rather than factual disputes, which were handled in lower courts. For a case to reach the Supreme Court, it generally must involve a substantial question of federal law or constitutional issues. The process begins with a lower court decision being challenged, typically via a writ of certiorari, of which the Supreme Court receives tens of thousands of requests each year but selects fewer than one hundred for consideration.

Once the Court agrees to hear a case, both parties submit briefs outlining the legal arguments and referencing prior legal precedents. Additionally, amicus curiae briefs can be submitted by interested third parties. During the in-session months from October to April, the Court will hear oral arguments which are steeped in tradition, after which the justices confer in private to make their final decision.

The correct answer to the question is: C. The case must deal with a pre-existing law or amendment. This refers to the principle that the Supreme Court's role is often interpretive; its job is to apply and interpret the Constitution and established laws rather than to create new ones or act based on testimonies and witnesses as in a trial court.

User Ibmkhd
by
4.9k points