writ of certiorari


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Related to writ of certiorari: writ of habeas corpus

writ of certiorari

A request that a higher court hear arguments that a lower court ruled improperly on some or all issues in a lawsuit. The higher court does not have to honor the request and therefore frequently “denies cert.” This is different from an appeal, which must at least be heard by the higher court,even though the court may ultimately rule against the person who filed the appeal.

• In the federal court system, trial occurs at the level of the United States District Court. If one is unhappy with the outcome, one has the right to appeal to the United States Circuit Court with authority over the district court. If again unhappy with the outcome, one peti- tions the United States Supreme Court for a writ of certiorari.

• The writ orders the Circuit court to certify the record and send it up to the Supreme Court for review. The same system is used in most state courts, to some extent.

• The denial of a writ of certiorari, often called a “denial of cert,” does not mean the higher court agrees with the ruling of the lower court. Rather, it usually means the issues present- ed are not important enough, in the opinion of the higher court, to warrant its considera- tion. The vast majority of cases are rejected.

• Cert may be granted but limited to one or a few issues. An example appears here.

References in periodicals archive ?
The Court granted the writ of certiorari immediately, so that--to quote again Professor Cushman's words--"the Court's jurisdiction caught up with the Court just at the finish line.
Indeed, if an aggrieved applicant wishes to file a petition for writ of certiorari to challenge a quasi-judicial denial of an application, such action must occur within the strict deadline of 30 days following the final administrative action of the local government.
Should the Court grant the petition for a writ of certiorari to clarify the scope of the Constitution's bar on discriminatory taxes?
Petitioning for a writ of certiorari, the judges argued that the U.
and the Yale Law School Supreme Court Clinic in her petition for a writ of certiorari.
10) The trial court struck the jury demand; the defendant took a petition for writ of certiorari to the First District Court of Appeal; and the First District quashed that order, holding that once a party is allowed to file new pleadings that inject new issues into a case, "the time for filing a demand for jury trial is revived.
He said Sarath Fonseka's lawyers are left with the only option of filing a writ of certiorari and challenge the procedure adopted in hearing the case in the court martial or other technical matters and ask for a mitigated sentence.
The court held, inter alia, that a writ of certiorari is generally unavailable to review the denial of a motion to dismiss.