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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.
The meaning of 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. How to use certiorari in a sentence.
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, in common-law jurisdictions, a writ issued by a superior court for the reexamination of an action of a lower court. Certiorari also is issued by an appellate court to obtain information on a case pending before it. Learn more about certiorari in this article.
A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it. The writ of certiorari is a common law writ, which may be abrogated or controlled entirely by statute or court rules.
A Writ of Certiorari orders a lower court to forward all documents in a case it has heard to the higher court for review. While this is most commonly used by the U.S. Supreme Court, other courts, such as the U.S. Court of Appeals, state supreme courts, and state courts of appeal, may issue such a writ. The U.S. Supreme Court is very selective ...
Definition of "certiorari" A command from an appeals court to a lower court to provide all case documents, enabling the higher court to examine and review the lower court's decision ; How to use "certiorari" in a sentence. The appeals court issued a writ of certiorari in the disputed case.
Petition for certiorari refers to a petition that asks an appellate court to grant a writ of certiorari. This type of petition usually argues that a lower court has incorrectly decided an important question of law, and that the mistake should be fixed to prevent confusion in similar cases.
: an extraordinary writ issued by a superior court (as the Supreme Court) to call up the records of a particular case from an inferior judicial body (as a Court of Appeals) see also the Judicial System in the back matter compare appeal NOTE: Certiorari is one of the two ways to have a case from a U.S. Court of Appeals reviewed by the U.S ...
Originally, and in English practice, a certiorari is an original writ, issuing out of the court of chancery or the king’s bench, and directed in the king’s name to the judges or officers of inferior courts, commanding them to certify or to return the records or proceedings in a cause depending before them, for the purpose of a judicial ...