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 ?
Issue a mandate in the nature of a writ of certiorari quashing the appointment of the 3rd Respondent as Minister in charge of the subjects of Trade and Commerce;
for a unanimous Court) ("[I]t is very important that we be consistent in not granting the writ of certiorari except in cases involving principles the settlement of which is of importance to the public, as distinguished from that of the parties"); see also Yellin v.
2003) ("The departure from the essential requirements of the law necessary for the issuance of a writ of certiorari is something more than a simple legal error.
21, 2013); Petition for a Writ of Certiorari at 20-25, Conestoga Wood Specialties Corp.
Supreme Court today enjoys nearly unfettered discretion to choose which cases to hear via the discretionary writ of certiorari.
Supreme Court a petition for a Writ of Certiorari as amicus curiae in support of petitioners Atlantic Richfield Company et al.
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.
Microsoft filed a writ of certiorari with the court, effectively asking it to look for errors in the lower court s ruling and then toss it out.
LEGAL COMMENTARY: The court noted that a writ of Certiorari is an extraordinary remedy, which is for extraordinary issues, which virtually compel an appellate court to act promptly in righting an obvious wrong or grievous error by a lower court.
Textron petitioned for a writ of certiorari, which the Supreme Court denied May 24.
Because AEDPA limits the Court's ability to "break [] new ground" in cases arising from federal habeas petitions, (7) cutting edge questions must be presented in petitions for a writ of certiorari from the judgments of state courts if federal constitutional law is to continue to develop in state criminal proceedings.
Depending on the organization of the appellate court system, in some states the writ used is referred to simply as a writ of certiorari, and it issues to protect the disclosure of privileged information.