미국 상고허가제(certiorari)의 이론과 실제 = On the Writ of Certiorari: The Theory and the Practice

다국어 초록 (Multilingual Abstract)

In the United States, almost all cases reach the Supreme Court through the writ of certiorari. The writ of certiorari gives the Supreme Court virtually full discretion to determine whether to review cases coming before it. In 1988, the Congress eliminated almost all mandatory appeal provisions at the Court's urging.
The Court makes policy through its exercise of discretion in deciding cases to decide on the merit. The Court selects approximately 80 cases for a written decision after plenary review. The Court's decisions during this agenda-setting process have significant meanings. The Court can make policy concerning any issue through the writ of certiorari when the Court is willing to become involved.
Despite its importance, the Court has not promulgated a concrete rule for a writ of certiorari. The Supreme Court Rule 10 currently states that a review on a writ of certiorari is not a matter of right, but of judicial discretion, and that the rule cannot control the Court's discretion. Rule 10 provides only minimal insight into the certiorari process.
According to Rule 10, a petition for a writ of certiorari is granted when there is a conflict of decisions between the United States court of appeals and when the question is of important federal issue. However, a petition is rarely granted when the asserted error consists of erroneous factual findings or the misapplication of a properly stated rule of law.