Certiorari is a legal term referring to a discretionary review process by a higher court to consider a lower court’s decision. It enables the higher court to review and potentially overturn a lower court’s ruling, typically on the grounds that the lower court has made an error of law or acted outside its jurisdiction. Parties seeking certiorari petition the higher court, explaining why they believe the case merits review, and if the court agrees, it grants certiorari, agreeing to hear the case. Certiorari is often abbreviated as “cert.”
A common-law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case.
n. (sersh-oh-rare-ee) a writ (order) of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court’s decision. Certiorari is most commonly used by the U.S. Supreme Court, which is selective about which cases it will hear on appeal. To appeal to the Supreme Court, one applies to the Court for a writ of certiorari, which it grants at its discretion and only when at least three members believe that the case involves a sufficiently significant federal question in the public interest. By denying such a writ, the Supreme Court says it will let the lower court decision stand, particularly if it conforms to accepted precedents (previously decided cases).
Certiorari is a legal process through which a higher court reviews a decision made by a lower court or administrative agency. It is typically used to determine whether the lower court or agency made an error of law or exceeded its jurisdiction. The higher court may either affirm the decision, reverse it, or remand the case back to the lower court or agency for further proceedings. Certiorari is often used in cases where there is a significant legal issue at stake or where the decision of the lower court or agency has important implications for the parties involved.
Certiorari is a prerogative writ of the superior court to call for the records of an inferior court or body acting in a judicial or quasi-judicial capacity. Different Constitutions enable the Supreme Court and the high courts, respectively, to issue orders, writs, or directions in the nature of habeas corpus, mandamus, quo warranto, prohibition, and certiorari.
The order, or certiorari, is issued out of the High Court and is directed to the judge or another officer of an inferior court of record. It requires that the record of the proceedings in some cause or matter pending before the inferior court be transmitted to a high court to be dealt with in order to ensure that the applicant for the order may have more sure and speedy justice. It may be in either civil or criminal proceedings.
An essential feature of a writ of certiorari is that control over judicial or quasi-judicial tribunals or bodies is exercised not in an appellate but supervisory capacity.
A writ of certiorari is a legal order issued by a higher court to a lower court or government agency, requesting that the lower court or agency send up the record of a case for review.
The purpose of a writ of certiorari is to allow a higher court to review the decision of a lower court or government agency to ensure that it was made in accordance with the law.
Typically, only parties to a case can file a writ of certiorari. However, in some cases, non-parties may be able to file a writ of certiorari if they have a significant interest in the outcome of the case.
The standard for granting a writ of certiorari is typically whether the case presents a significant legal issue that needs to be resolved by the higher court.
If a writ of certiorari is granted, the lower court or government agency must send up the record of the case to the higher court for review.
The deadline for filing a writ of certiorari varies depending on the court and the type of case. Generally, the deadline is within 90 days of the lower court’s decision.
If a writ of certiorari is denied, the lower court’s decision stands.
Yes, a writ of certiorari can be used to appeal a criminal conviction. However, the standard for granting a writ of certiorari in a criminal case is typically higher than in a civil case.
A writ of certiorari is a request for a higher court to review a lower court or government agency’s decision, while an appeal is a request for a higher court to review the entire case and make a new decision.
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: 10th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/certiorari/
- Modern Language Association (MLA):Certiorari. dlssolicitors.com. DLS Solicitors. May 01 2024 https://dlssolicitors.com/define/certiorari/.
- Chicago Manual of Style (CMS):Certiorari. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/certiorari/ (accessed: May 01 2024).
- American Psychological Association (APA):Certiorari. dlssolicitors.com. Retrieved May 01 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/certiorari/