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 Supplement to the Petition of Writ of Certiorari in the case of Minerals Development & Supply Co.
2012), the court reiterated that a writ of certiorari has an "extremely narrow" application when a trial court denies summary judgment based on sovereign immunity.
Supreme Court a petition for a Writ of Certiorari as amicus curiae in support of petitioners Atlantic Richfield Company et al.
TORONTO, August 28, 2010 /PRNewswire/ -- Today, as expected, Microsoft filed a petition for a writ of certiorari, seeking a review of the i4i v Microsoft patent infringement case by the Supreme Court of the United States.
Textron petitioned for a writ of certiorari, which the Supreme Court denied May 24.
64) In its petition for a writ of certiorari, the Tribe asserted that the decision contradicts the Constitution's structure of government, the doctrine of universal succession, and the jurisprudence of the Supreme Court.
The American Jewish Congress filed a brief in support of a petition for writ of certiorari, asking the Supreme Court to consider the case of a man forced to participate in a religious drug rehabilitation program in order to avoid incarceration and a criminal record.
That movement toward greater discretion for the Court in shaping its own docket continued with the Judiciary Act of 1925, after which, for the first time, the Court's cases reviewed by writ of certiorari outnumbered those reviewed on the basis of a mandatory appeal.
The Supreme Court accepts cases only if four or more Justices agree to grant a writ of certiorari.
Petition for writ of certiorari seeking review of the decision of the Court of Appeals for the District of Columbia Circuit affirming the Board's order dated January 31, 1997, imposing civil money penalties and an order of prohibition for violations of the Bank Holding Company Act.