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Getting into Court

Jeffrey A. Segal,Harold J. Spaeth-2002-09-16-Cambridge University Press eBooks
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TL;DRAbstract

Assertions by persons about to initiate a lawsuit, as well as by those who have already lost, that they will take their cases all the way to the United States Supreme Court undoubtedly bespeak their deeply felt intentions, but in most cases their avowals lack credibility. Individuals who wish to file a lawsuit must be proper parties, that is, they must have standing to sue. If they do have such credentials, they must also bring their cases to the proper forum: The court in question must have jurisdiction – the capability to resolve their dispute. Assuming that the plaintiff is a proper party and is in the proper forum, a third hurdle to Supreme Court resolution still remains: The justices themselves must deem the matter worthy of their consideration. The last is by far the most difficult to surmount.

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Assertions by persons about to initiate a lawsuit, as well as by those who have already lost, that they will take their cases all the way to the United States Supreme Court undoubtedly bespeak their deeply felt intentions, but in most cases their avowals lack credibility. Individuals who wish to file a lawsuit must be proper parties, that is, they must have standing to sue. If they do have such credentials, they must also bring their cases to the proper forum: The court in question must have jurisdiction – the capability to resolve their dispute. Assuming that the plaintiff is a proper party and is in the proper forum, a third hurdle to Supreme Court resolution still remains: The justices themselves must deem the matter worthy of their consideration. The last is by far the most difficult to surmount.

Keywords

Political science

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