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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.
Judicial review in Canada has its roots in the English common law system, where there are two sources of judicial review: the prerogative writs of certiorari and mandamus, and actions for damages. [3] The British colonies that now form Canada were subject to administrative law from their very beginnings.
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.
After 1852, the need to state the name of the form of action was also abolished. In 1875, the form of writ was altered to conform more to the subpoena used in the Chancery. A writ was a summons from the Crown to the parties to the action, with on its back the substance of the action set out, together with a 'prayer' requesting a remedy from the ...
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 ...
"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.
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 ...
Certification of a question of law to the United States Supreme Court is another way, in addition to the writ of certiorari, direct appeal, and original jurisdiction, by which cases can be brought to the docket of the Supreme Court. It is a very infrequent procedure, and has happened only five times over the past six decades.