The Supreme Court, as the highest court in the United States, has the power to issue writs of certiorari (writ of c). These writs allow the Court to review decisions made by lower courts. Petitioners, or individuals seeking review, submit a petition for a writ of certiorari to the Supreme Court. If the Court grants the writ, it agrees to hear the case and make a final decision.
Best Structure for an AP Gov Writ of C
The Writ of Certiorari (Writ of C) is a formal request to the Supreme Court to review a lower court’s decision. It is a powerful tool that can be used to clarify the law, correct errors, and protect individual rights.
An effective Writ of C requires a clear and concise structure. The following is a recommended outline:
1. Introduction
- Begin by introducing the case and the lower court’s decision.
- State the specific question(s) of law that you are asking the Supreme Court to review.
2. Statement of Facts
- Provide a brief summary of the facts of the case, including the procedural history.
- Be objective and impartial in your presentation of the facts.
3. Argument
- Present your arguments in favor of granting the writ.
- Use legal precedent, logical reasoning, and evidence to support your claims.
- Address any arguments that the opposing party is likely to make.
4. Relief Requested
- State the specific relief that you are requesting from the Supreme Court.
- For example, you may ask for the Supreme Court to:
- Grant certiorari and reverse the lower court’s decision
- Grant certiorari and remand the case to the lower court for further proceedings
- Deny certiorari
5. Certificate of Service
- Include a certificate that you have served a copy of the Writ of C on all parties to the case.
Formatting
- The Writ of C must be typed or printed on 8.5″ x 11″ paper.
- Use a font size of 12 points or larger.
- Margins should be 1 inch on all sides.
- The Writ of C should be double-spaced.
Table of Authorities
- Include a table of authorities that lists all of the legal sources that you have cited in your Writ of C.
- The table should be organized alphabetically by author.
Sample Writ of C
The following is an example of a Writ of C:
Supreme Court of the United States
In Re: John Smith, Petitioner
No. 2023-0001
Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit
Introduction
This Writ of Certiorari seeks review of the decision of the United States Court of Appeals for the Ninth Circuit in Smith v. City of San Francisco, 950 F.3d 123 (9th Cir. 2022). The Ninth Circuit held that the City of San Francisco’s ban on public camping is unconstitutional. This decision conflicts with decisions from other circuits, and it creates uncertainty about the constitutionality of similar laws across the country.
Statement of Facts
John Smith is a homeless man who lives in San Francisco. In 2021, he was arrested for violating the City of San Francisco’s ban on public camping. Smith was convicted and sentenced to 30 days in jail.
Smith appealed his conviction to the Ninth Circuit. The Ninth Circuit held that the City of San Francisco’s ban on public camping is unconstitutional because it criminalizes homelessness and fails to provide adequate shelter for homeless people.
Argument
The City of San Francisco asks this Court to grant certiorari to review the Ninth Circuit’s decision. The City argues that the Ninth Circuit’s decision is incorrect and that the City’s ban on public camping is constitutional.
The City argues that its ban on public camping is necessary to protect public safety and health. The City also argues that it provides adequate shelter for homeless people.
Smith argues that the Ninth Circuit’s decision is correct and that the City’s ban on public camping is unconstitutional. Smith argues that the ban criminalizes homelessness and fails to provide adequate shelter for homeless people.
Relief Requested
The City of San Francisco respectfully requests that this Court:
- Grant certiorari to review the Ninth Circuit’s decision
- Reverse the Ninth Circuit’s decision
- Uphold the constitutionality of the City’s ban on public camping
Question 1:
What is the Writ of Certiorari?
Answer:
The Writ of Certiorari is a legal document issued by the Supreme Court of the United States that orders a lower court to send up the record of a case for review.
Question 2:
Who may file a Writ of Certiorari?
Answer:
A petition for a Writ of Certiorari may be filed by the party who lost the case in the lower court.
Question 3:
What is the purpose of the Writ of Certiorari?
Answer:
The Writ of Certiorari allows the Supreme Court to determine whether the lower court made a legal error in its decision.
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