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.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
The issue is a close one, though: In the 6th and 7th Circuit cases, in which the Supreme Court denied certiorari, dissenting opinions were filed.
"The Superior Court judge's new factual finding to the contrary exceeded the scope of certiorari review in two interrelated respects.
"While we are disappointed the Unsafe Abortion Protection Act will not go into law immediately, we do look forward to the potential of the law going into effect later this year after the Court either denies the petition for certiorari, or upon a ruling in Louisiana's favor after full briefing on the merits," Benjamin Clapper, Executive Director for Louisiana Right to Life, said.
The Supreme Court says certiorari is the appropriate remedy to correct the action of a judge in the conduct of a trial, or to review an intermediate order or interlocutory judgment of a court.
The Federal Administrative Court shall have the exclusive jurisdiction to review on appeal or certiorari, in accordance with its rules, the decisions, judgments, or final orders or resolutions of the following:
The petition for certiorari materially puts into question the manner by which this court (RTC) had appreciated the pieces of evidence presented during the bail bearings.
The petitions for certiorari in the Court's patent docket suggest an answer: The Supreme Court looks for splits anyway.
The High Court wrote: "The Government filed separate petitions for certiorari, as well as applications to stay the preliminary injunctions entered by the lower courts.
According to Cornell University Law School, a writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.
This Study reveals distinct patterns with respect to the grant of certiorari, including the impact of a circuit split and other factors on the Court's decision to grant certiorari.
Herman previously served as chairman of the Nassau County Bar Association's Committee on Tax Certiorari and Condemnation Law and as vice chairman of the Suffolk County Bar Association's Committee on Tax Certiorari and Condemnation Law.
Last month, the Supreme Court denied certiorari in two products liability lawsuits -- Whirlpool Corp.