Which writ is used by the U.S. Supreme Court to review lower court decisions and determine which cases to hear?

• A. Pro se
• B. Writ of certiorari
• C. Habeas corpus
• D. Stare decisis

Answer: (B)

The key idea here is how the Supreme Court selects the cases it will hear. The Court uses a writ of certiorari as the mechanism to review lower court decisions and decide which cases to take up. When a party asks the Court to review a decision, the Court issues a writ of certiorari to a lower court, ordering the records of the case to be sent up for the Court’s review. The decision to grant review is discretionary and hinges on whether at least four justices agree to hear the case—this is known as the Rule of Four. Because it’s selective, most cases won’t be heard, even if there are lower-court rulings on important legal questions.

Pro se refers to litigants who represent themselves, which isn’t a tool for granting review. Habeas corpus is a procedure used to challenge unlawful detention, not a general mechanism for selecting cases for Supreme Court review. Stare decisis is the doctrine that guides courts to follow established precedent, not a procedure for choosing which cases the Court will hear.