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.

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 ?
And since that denial of benefits resulted from a quasi-judicial function, its review required a petition for writ of certiorari to the Supreme Court.
Hence, to the extent that the solicitor general's views signal an issue's importance to substantive patent doctrine--one criterion relevant to the Supreme Court's decision to grant certiorari--this petition for a writ of certiorari seems (on this metric) to fall short of the Supreme Court's usual bar.
The petition for a writ of certiorari was granted, and SCOTUS heard the appeal and rendered its decision on March 29,2017.
Issue a mandate in the nature of a writ of certiorari quashing the decision contained in P to appoint the 4th and 5th Respondents to the Board of Ministers of the Northern Province;
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.
391, 435 (1963) ("The writ of certiorari, which today provides the usual mode of invoking this Court's appellate jurisdiction of state criminal judgments, 'is not a matter of right, but of sound judicial discretion, and will be granted only where there are special and important reasons therefor.' Supreme Court Rule 19(1)."); Rice v.
Petition for Review of Nonfinal Agency Action Functions Like a Petition for Writ of Certiorari
We also feature the IADC's amicus brief filed in support of Procter & Gamble's petition for writ of certiorari in the United States Supreme Court in an important class action case.
Countering, the CBC has meanwhile petitioned the Supreme Court for a writ of certiorari -- an order by which a higher court reviews a case tried in a lower court -- effectively seeking to have the district court's decision annulled, thus preventing FBME from challenging the liquidation process.
Later in March, a Federal Circuit court's decision in Eidos ran counter to the Teva claim construction standard, and AU responded by filing a petition for writ of certiorari which, now, the SCOTUS has declined.
The law firm of Schlichter, Bogard & Denton petitioned the Supreme Court (http://www.plansponsor.com/litigators_call_for_supreme_court_review_of_tussey_case.aspx?fullstory=true) for a writ of certiorari in Tussey v.
"I find it incredibly ironic," Malphurs told me the next day, "that we were first in line and last to know." The first tweet came at 9:42 that the justices had denied "writ of certiorari," letting stand five appellate court rulings that favored same-sex marriage.