writ of certiorari

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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 ?
opposition to certiorari that were actually filed in the Court.
Given that it is simply the day certiorari was denied (or the day the period for seeking certiorari expired), identifying the moment of finality is ordinarily very easy and, seemingly, not the sort of thing that would reward much study.
In his article, Before you rush to file a petition for writ of certiorari, you'd better think about a stay, published in the September 2010 issue of ISBA's Federal Civil Practice newsletter, Peoria lawyer Ambrose V.
10) Fortunately, Justice Harry Blackmun kept meticulous records, including docket sheets containing the certiorari votes for every Justice while he served on the Supreme Court.
The number of petitions for certiorari has not decreased, and this year the Court will consider more than 8,000 petitions--from which it will choose fewer than 70 for briefing and oral argument.
TEI previously filed a brief amicus curiae in support of DaimlerChrysler's petition for writ of certiorari, urging the Court to review the decision finding Ohio's investment tax credit unconstitutional.
The certiorari petitions are a major part of the Court's weekly work, but there was never any formal indication that the chief justice was not taking part 100 percent in that.
The first sentence is "[t]he petition for certiorari is denied.
The Supreme Court also granted certiorari in an appeal of a Fourth Circuit Court of Appeals ruling in National Home Equity Mortgage Association v.
Petition for certiorari seeking review of denial of petitioner's Privacy Act claims.
Certiorari may lie from orders denying motions to dismiss for failure to comply with the presuit requirements of state law in medical malpractice suits However, Certiorari does not lie for appellate courts to reweigh the evidence presented concerning compliance with presuit statutory requirements.
5) Each Term, only about 5% of the paid petitions for certiorari filed by civil litigants are granted plenary review, that is, a full briefing, an oral argument, and a full written decision on the merits.