What is the rule of four for the Supreme Court?

: a rule in the U.S. Supreme Court under which a petition for certiorari will be granted and the case in question reviewed if four of the nine justices so decide

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Merriam-Webster unabridged

  • 1. Open sessions of the Court are held beginning at 10 a.m. on the first Monday in October of each year, and thereafter as announced by the Court. Unless it orders otherwise, the Court sits to hear arguments from 10 a.m. until noon and from 1 p.m. until 3 p.m.
  • 2. Six Members of the Court constitute a quorum. See 28 U. S. C. §1. In the absence of a quorum on any day appointed for holding a session of the Court, the Justices attending—or if no Justice is present, the Clerk or a Deputy Clerk—may announce that the Court will not meet until there is a quorum.
  • 3. When appropriate, the Court will direct the Clerk or the Marshal to announce recesses.

‹ Rule 3. Term up PART II. Attorneys and Counselors ›

PART 1

PRELIMINARY

Short title1.  This Act is the Supreme Court of Judicature Act 1969.

Interpretation2.  In this Act, unless the context otherwise requires —“Appellate Division” means the Appellate Division of the High Court;“court” means the General Division, the Appellate Division, or the Court of Appeal;“Family Division of the High Court” means the Family Division of the High Court constituted under section 4 of the Family Justice Act 2014;“Family Justice Rules” means the Family Justice Rules made under the Family Justice Act 2014 and any other written law by the Family Justice Rules Committee constituted under section 46(1) of that Act;“General Division” means the General Division of the High Court;“Judge” means a Supreme Court Judge, a Judicial Commissioner, a Senior Judge or an International Judge, and —(a)in relation to the General Division, means a Judge sitting in that Division in accordance with the Constitution and this Act;(b)in relation to the Appellate Division, means a Judge sitting in that Division in accordance with the Constitution and this Act; and(c)in relation to the Court of Appeal, means a Judge sitting in that Court in accordance with the Constitution and this Act;“Registrar” means the Registrar of the Supreme Court and includes the Deputy Registrar and the Assistant Registrars;“Rules of Court” means Rules of Court made under this Act and includes forms;“seal” includes stamp;“subordinate court” means a court constituted under the State Courts Act 1970, a Family Court or Youth Court constituted under the Family Justice Act 2014, and any other court, tribunal or judicial or quasi‑judicial body from the decisions of which under any written law there is a right of appeal to the Supreme Court;“Supreme Court Judge” means the Chief Justice, a Justice of the Court of Appeal, a Judge of the Appellate Division or a Judge of the High Court.

[5/2014; 27/2014; 42/2014; 40/2019]

—(1)  Proceedings for the determination of any issue relating to Singapore law which is relevant to an issue in any proceedings before a specified court in a specified foreign country may be commenced by originating application and supported by affidavit.

The rule of four is a custom of the United States Supreme Court that dictates that, if four justices decide that a case is worthy of being heard, the Court will agree to hear it. This rule is designed to ensure that the court's majority cannot control which cases are heard, as without it, the minority justices might find themselves unable to try cases of interest.

This custom was first adopted in 1891, and made public in 1924. It does not appear anywhere in the official rules of protocol for the Supreme Court, but it is taken to be official because it has been practiced for so long. For members of the public, the rule of four is an assurance that their cases have a chance to be heard before the Supreme Court, regardless as to who is sitting on the court at any particular time.

The process of getting a case heard before the Supreme Court is quite complex. The justices review over 7,000 applications each year, and only agree to hear a handful of these cases. As a general rule, the applications take the form of a request for a writ of certiorari, a court order that requests lower courts to send documents and materials relating to the case to the Supreme Court.

Before granting a writ of certiorari, the justices must vote to decide whether or not the case has merit. In many instances, five of the Supreme Court justices dominate the court on particular issues, so the rule of four ensures that the four judges who often vote in the minority still get a say in what happens at the court, preventing an imbalance of power that could be created by the majority of justices.

The majority of justices at any given time varies, depending on a variety of factors. Since justices are only appointed by the president of the United States when justices retire or die, the balance of the Supreme Court can be heavily influenced by the politics of who is in office when a justice needs to be appointed, and the politics of the Supreme Court are also constantly in flux. The justices rarely break down into simple groups that always vote the same way, as each justice has personal ideas about the way in which the Constitution should be interpreted.

What is the rule of four for the Supreme Court?
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a UnitedStatesNow researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

What is the rule of four for the Supreme Court?
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a UnitedStatesNow researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

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What is the rule of four for the Supreme Court?
What is the rule of four for the Supreme Court?
What is the rule of four for the Supreme Court?
What is the rule of four for the Supreme Court?
What is the rule of four for the Supreme Court?
What is the rule of four for the Supreme Court?
What is the rule of four for the Supreme Court?
What is the rule of four for the Supreme Court?

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Discussion Comments

anon997318December 14, 2016

What is the rule of five?

behaviourismJanuary 7, 2011

While the rule of four's definition does mean that the minority can help decide which cases are heard, it does not necessarily mean each case will get a fair amount of time and treatment once they are in form of the Supreme Court. Unfortunately, history shows us that even the highest, and seemingly most honorable, court in the land can also show favoritism or disinterest in the cases it hears, and that some justices simply won't listen to cases in which they are already convinced they disagree.

CatapultJanuary 6, 2011

The Rule of Four offers a nice example of the many checks and balances in the United States Government, not only between the three branches- judicial, executive, and congressional- but even within each branch itself. Imagine how one-sided the cases the Supreme Court tried would be, let alone the decisions themselves, without it.

What is the rule of four how does it relate to which cases the Supreme Court hears?

The Justices use the "Rule of Four” to decide if they will take the case. If four of the nine Justices feel the case has value, they will issue a writ of certiorari. This is a legal order from the high court for the lower court to send the records of the case to them for review.

Why is the rule of four significant?

The rule of four is a US Supreme Court practice that permits four of the nine justices to grant a writ of certiorari. It has the specific purpose to prevent a majority of the Court's members from controlling their docket.

What are the 4 rules?

The Four Rules.
All guns are always loaded. (Treat them so!).
Never point the gun at anything you are not willing to destroy..
Keep your finger off the trigger until your sights are on target (and you have made the decision to shoot)..
Be sure of your target and what is beyond it..

What are the 4 qualification of the member of the Supreme Court?

– Members of the Supreme Court must be at least forty years of age and must have been, for fifteen years or more, judges of a lower court or engaged in the practice of law in the Philippines. SEC. 3. Additional Qualifications for Members of the Court of Appeals.