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Moore's Federal Practice - Civil
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

22-406 Moore's Federal Practice - Civil 406.syn


Supreme Court Jurisdiction, Certiorari Jurisdiction Over State Courts


Drew S. Days, III;Alfred M. Rankin

Chapter Summary


In certain instances, state court decisions may be directly reviewed by writ of certiorari by the United States Supreme Court.

This chapter of Moore's Federal Practice focuses on the statutory requirements that must be met before a state case is eligible for certiorari review: a final judgment on a federal question necessarily rendered by the highest state court possible. The chapter explores the factors the Supreme Court evaluates in determining whether a decision is final and clarifies the state court appeals that must be made before a determination will be deemed rendered by the highest state court available. The chapter also examines the important doctrine preventing review of state court decisions based on independent and adequate state grounds. Other doctrines that may limit review are also reviewed, including the Supreme Court's choice not to review a case, the Supreme Court's decision that it has improvidently granted certiorari, a petitioner's failure to abide by the Supreme Court's procedural rules.

Moore's Federal Practice (Matthew Bender) is the leading source of analysis of federal court practice and procedure and has been repeatedly relied upon by federal courts around the country. It has comprehensive and authoritative analysis on federal civil, criminal, appellate, and admiralty procedure, along with the full text of the federal rules and extensive commentary and analysis of the rules and cases interpreting the rules.


Federal court,federal court practice,Supreme Court,United States Supreme Court,Supreme Court of the United States,Supreme Court jurisdiction,certiorari,writ of certiorari,certiorari jurisdiction,certiorari review,federal question,federalism doctrine


For a detailed discussion on the certiorari doctrines, see Ch. 405, Discretionary Review From Federal Courts (Certiorari or Certified Questions).

For a discussion of justiciability requirements, see Ch. 402, Original Jurisdiction of Supreme Court.

For more information on the certiorari application process, see Ch. 510, Considerations Governing Review on Certiorari through Ch. 516, Disposition of a Petition for a Writ of Certiorari.


For a discussion on certiorari jurisdiction, see Moore's Manual--Federal Practice and Procedure, Ch. 29, Appeal to Supreme Court (Matthew Bender).

For detailed analysis and case law on federal evidence, see Weinstein's Federal Evidence (Matthew Bender).

For discussion and strategic tips on federal civil cases, see Moore's AnswerGuide: Federal Civil Motion Practice (Matthew Bender) and Moore's AnswerGuide: Federal Pretrial Civil Litigation (Matthew Bender).
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