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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.
The rule of four is a US Supreme Court practice that permits four of the nine justices to grant a writ of certiorari. It has the specific purpose to prevent a majority of the Court's members from controlling their docket. The rule of four is not required by the US Constitution, any law, or even the Court
A petition for certiorari before judgment, in the Supreme Court of the United States, is a petition for a writ of certiorari in which the Supreme Court is asked to immediately review the decision of a United States District Court, without an appeal having been decided by a United States Court of Appeals, for the purpose of expediting the proceedings and obtaining a final decision.
"Prerogative writ" is a historic term for a writ (official order) that directs the behavior of another arm of government, such as an agency, official, or other court. [1] It was originally available only to the Crown under English law, and reflected the discretionary prerogative and extraordinary power of the monarch.
In common law, a writ (Anglo-Saxon gewrit, Latin breve) [1] is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and certiorari are common types of writs, but many forms exist and have existed.
In England, the Administrative Court (part of the Queen's Bench Division of the High Court of Justice) now issues "quashing orders" rather than writs of certiorari. [11] In the United States, the Supreme Court of the United States grants writs of certiorari "to review questions of law or to correct errors or excesses by lower courts". [12]
For example, the United States Supreme Court hears cases by a writ of certiorari, meaning that it calls appellants up to the court only if their case is important enough to merit the court's resources. The Supreme Court employs a "rule of four," meaning that four justices have to think the case is important enough to hear before the court will ...
Parties wishing to appeal such cases would file a petition for certiorari, which the Court could grant or deny without passing on the merits. [ 3 ] Nonetheless, the number of appeals was a one-way upward ratchet, and the Justices argued that the only way to fix the problem once and for all was to have the Court conduct virtually all of its ...