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- A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.
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A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it. The U.S. Supreme Court uses certiorari to select most of the cases it hears. The writ of certiorari is a common law writ, which may be abrogated or controlled entirely by statute or court rules.
- Overview
- United States Supreme Court
- "Cert Pool"
- Reasons For Granting Or Denying Certiorari
Certiorari simply defined is a “writ” by which a higher court (such as an appellate court) reviews some lower court’s decision (such as a district court). When a party loses in a court of law, often said party is allowed to appeal the decision to a higher court. In some instances, parties are entitled to an appeal, as a matter of right. However, so...
Certiorari is generally associated with the writ that the Supreme Court of the United States issues to review a lower court's judgment. A case cannot, as a matter of right, be appealed to the U.S. Supreme Court. As such, a party seeking to appeal to the Supreme Court from a lower court decision must file a writ of certiorari. In the Supreme Court, ...
Most of the Justices participate in a "cert pool," meaning their law clerks collectively assign out among themselves the various petitions for certiorari (known commonly as "cert petitions") and prepare memorandafor the Justices summarizing the issues and recommending whether or not the Court should grant certiorari. Critics of this process note th...
Rule 10 of the Supreme Court Rules lists the criteria for granting certiorari and explains that the decision to grant or deny certiorari is discretionary. A decision to deny certiorari does not necessarily imply that the higher court agrees with the lower court's ruling; instead, it simply means that fewer than four justices determined that the cir...
Jan 1, 2015 · Learn what a writ of certiorari is, how it is used by the U.S. Supreme Court and other courts, and how to petition for it. Find out the history, origin, and examples of this legal term.
Jan 31, 2021 · A writ of certiorari is an order by a higher court to review a lower court's decision for legal errors. Learn how the Supreme Court grants or denies petitions for certiorari, and see some famous cases that involved this process.
- Robert Longley
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review.
Certiorari is a writ of superior court to call up the records of an inferior court or a body acting in a quasi-judicial capacity. Learn the etymology, history, and legal usage of this term with examples and references.
A writ of certiorari is a legal document that orders a lower court to send records of a case to a higher court for review. Learn the origin, usage, and examples of this phrase from Merriam-Webster dictionary.
