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Report No. 45

30. Practice in the U.S.A.-

The points that we have made above will show that our anxiety is to emphasise that resort to the Supreme Court is not to be permitted except where the question of law is one of the nature indicated above. It may be useful, by way of comparison, to refer to the practice of the Supreme Court of the U.S.A. in granting certiorari.

The analogy is not totally applicable; nevertheless, it is helpful as bringing out some aspects.

The Supreme Court of the U.S.A. has made it clear that it will grant certiorari "only where there are special and important reasons therefor", and particularly:

Where a court of appeals has rendered a decision in conflict with the decisions of another court of appeals on the same matter; or has decided an important state or territorial question in a way in conflict with applicable state or territorial law; or has decided an important question of federal law which has not been but should be, settled by this court; or has decided a federal question in a way in conflict with applicable decisions of this court; or has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such a departure by a lower court, as to call for an exercise of this Court's power of supervision.1

1. U.S. Supreme Court rule 19(10(b).

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