How does an appellate court decide to grant or deny a petition for certiorari?

When a litigant contesting a decision of a lower court in Kansas files a petition for certiorari, the Appellate Court must decide whether to grant or deny the petition. They consider three main factors when making this decision. The first factor is previous precedent. The Appellate Court will look into previous cases that have similar facts and law to the current case to decide if a different ruling should be made. If the current case is similar enough to another case that has already been decided, the court will most likely not grant certiorari and instead adopt the precedent established previously. The second factor is the nature of the case. The appellate court looks at the importance of the dispute, the complexity of the legal question, the public policy being decided, and whether granting certiorari would have a significant impact on society. If the legal question is complex or the dispute is of public importance, then the court is more likely to grant certiorari. The third factor is the strength of the lower court’s decision. In some cases, the lower court’s decision is not seen as reasonable or in line with the law and precedents. This could be a reason the appellate court grants certiorari. Ultimately, it is up to the appellate court to decide whether they will grant or deny a petition for certiorari based on these three factors. The Appellate Court will consider all of the relevant facts, the law, and previous precedent to decide if the petitioner has a legal right to have their case heard again.

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How does an appellate court decide to grant or deny a petition for certiorari?

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