Question

Describe the procedure to apply and serve a writ

Answer 1

To apply for a writ of certiorari to the Supreme Court, a petition is filed. If four justices agree, a writ is issued for records to be sent up for review. The writ of habeas corpus allows detainees to challenge their imprisonment in court.

Step-by-step explanation:

Procedure to Apply for and Serve a Writ

The procedure for applying for and serving a writ, such as a writ of certiorari or a writ of habeas corpus, typically follows these steps:

1. A party seeking review by a higher court files a petition for a writ of certiorari, outlining why the Supreme Court should consider the case.
2. The Supreme Court clerks review the petitions in a cert. pool and make recommendations based on the cases' merits and legal significance.
3. To grant certiorari, at least four of the nine justices, adhering to the Rule of Four, must vote in favor of hearing the case.
4. Once granted, the writ is served to the lower court, ordering it to send the case records for Supreme Court review.
5. If certiorari is denied, the lower court's decision stands, and no further review occurs at the Supreme Court level.

The use of the writ of habeas corpus is to ensure that a person held in custody is given the right to appear in court to question the legality of their detention. This is a fundamental right in rule-of-law countries.

For the Supreme Court to hear a case, there generally must be a constitutional question involved or differing interpretations of a law by lower courts that need resolution.