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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.
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.
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.
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 ...
When Limon challenged the law, both a trial court and the Kansas Court of Appeals upheld the law, relying in part on the 1986 US Supreme Court case Bowers v. Hardwick. When the Kansas Supreme Court refused to hear the case, Limon filed a petition for a writ of certiorari with the U.S. Supreme Court in 2002.
The Supreme Court hires the law clerks based on the recommendations provided by their professors from their respected universities and colleges. [80] Law clerks reviews the petitions for writ of certiorari, research them, prepare bench memorandums, and draft opinions, and reported back to the supreme court's administrative registrar. [80]
A person's legal name typically is the same as their personal name, comprising a given name and a surname. The order varies according to culture and country. There are also country-by-country differences on changes of legal names by marriage. (See married name.) Most countries require by law the registration of a name for newborn children, and ...
Its name derives from the Latin question quo warranto, which means "by what authority?" [ note 1 ] [ 23 ] In its early days, during the American colonial period , quo warranto was mostly used to challenge a democratic election , that is, to make the claim that the person who is holding an office is a usurper , and that someone else deserves the ...