12. A Writ of Certiorari was challenged by the appellee because only three of the Supreme Court justices agreed to hear the case. What is the issue before the court?
Writ of certiorari:
It means to hear an appeal from Lower court by the supreme court. When the party is not satisfied by the lower courts decisions it could go for writ of certiorari. And the supreme court decides, at the request of party challenging the decision of the Lower court, to review the case.
In the question given that a writ of certiorari was challenged by the appellee, because only 3 of the supreme court justice agreed to hear the case. The issue before the court is that for writ of certiorari to be valid at least four justices must vote to grant certiorari in any case.
Hence, the challenge is correct by the appellee, because only three Supreme Court Judges cannot hear the case and give a decision on it on a writ of certiorari.
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