What term describes a means of gaining appellate review where the writ is discretionary and used to review a federal question if four of the nine justices vote to hear the case?

What term describes a means of gaining appellate review where the writ is discretionary and used to review a federal question if four of the nine justices vote to hear the case?

• A. Subpoena
• B. Writ of certiorari
• C. En banc
• D. Court of record

Answer: (B)

The concept here is discretionary appellate review through a writ of certiorari. The Supreme Court largely approves or denies review on a case-by-case basis, rather than automatically hearing every appeal. A writ of certiorari is the mechanism it uses to select cases, and a four-justice vote to grant cert—the rule of four—decides whether a case will be placed on the Court’s docket. This process is specifically about reviewing questions of federal law or the Constitution that arise from lower court decisions. Subpoena is a command to appear or produce evidence, not a review mechanism. En banc refers to all judges of a particular appellate court hearing a case, not the Supreme Court’s discretionary review. A court of record is a court whose proceedings are recorded and preserved, also not related to the certiorari process.

The concept here is discretionary appellate review through a writ of certiorari. The Supreme Court largely approves or denies review on a case-by-case basis, rather than automatically hearing every appeal. A writ of certiorari is the mechanism it uses to select cases, and a four-justice vote to grant cert—the rule of four—decides whether a case will be placed on the Court’s docket. This process is specifically about reviewing questions of federal law or the Constitution that arise from lower court decisions.

Subpoena is a command to appear or produce evidence, not a review mechanism. En banc refers to all judges of a particular appellate court hearing a case, not the Supreme Court’s discretionary review. A court of record is a court whose proceedings are recorded and preserved, also not related to the certiorari process.