A certification of question is a legal document in which a court requests the opinion of a higher court on a specific legal question. This process is typically used when the lower court is unsure of how to interpret a particular law or legal principle. The higher court then provides guidance or clarification on the issue, which the lower court can use to make a decision in the case.
A certification of question is a legal process in which a court requests the opinion of a higher court on a question of law that is important to the outcome of a case.
A certification of question is used when a lower court is unsure about the interpretation or application of a particular law and seeks guidance from a higher court.
Typically, a judge from a lower court requests a certification of question from a higher court, but in some cases, parties to a lawsuit may also request it.
The purpose of a certification of question is to ensure that the law is applied correctly and consistently across different jurisdictions.
The lower court formulates the question of law and sends it to the higher court, which then considers the question and provides an opinion or answer.
The opinion of the higher court is not binding, but it is highly persuasive and often followed by the lower court.
The timeline for the certification of question process can vary, but it is generally expedited to ensure that the lower court can proceed with the case.
There are no specific limitations on the types of questions that can be certified, but they must be important and relevant to the outcome of the case.
Certification of question is most commonly used in civil cases, but it can also be used in criminal cases if there is a question of law that is important to the case.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 23rd April 2024.
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