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Judgepedia:WikiProject Terms and Definitions

Certiorari, besides referred to equally a "writ of certiorari," is a legal term. Information technology is derived from the Latin word certiorare, which means "to be fully informed."[1] [2] It is most commonly associated with the U.Due south. Supreme Court, which uses certiorari to determine which cases it hears. In order for the Supreme Court to event a writ of certiorari, at least four justices must agree to hear the instance.[1] [3]

How information technology works

A losing party files a petition for a writ of certiorari with a higher court. The petition is a formal asking for the higher court to review the lower court judgment against the party petitioning. The petition must include the names of all parties in the instance, also every bit the facts and legal questions of the example and an argument as to why the higher court ought to agree to hear the instance.[four]

If the higher court agrees to hear the case, known every bit granting cert, it issues a writ of certiorari to the lower court.[3] This writ requires the lower courtroom to provide the higher court with a physical copy of the entire tape compiled during the course of the case, from the initial filing of a complaint all the style through the last judgment issued by the lower court. One time the college courtroom has the record, it reviews it for errors made by the court to answer the questions presented in the petition.[four] Additionally, the college court sets a engagement for the parties to nowadays the case for review.

If the appellate court does non want to have the instance, information technology will deny the petition. This is usually acknowledged every bit "cert. denied." Certiorari review is ever discretionary. Further, Rule 10 of the U.South. Supreme Court's rules states that it will merely grant a petition for cert. if there are "compelling reasons."[four] The writ is usually granted simply when in that location are important questions of law that need to be addressed; it is rarely used when the petition alleges errors in the findings of fact.[5]

Granting cert.

When the U.S. Supreme Courtroom grants or denies cert., information technology often issues a one-page document indicating that the Courtroom volition or will not hear the case, and these documents rarely provide caption equally to how and why the Court made the decision. Justices are not precluded, withal, from issuing written statements when they dissent or concur with the decision made by the Court concerning the petition. As of 2014, Justice Sonia Sotomayor has issued more of these statements than any other justice. Nigh of her statements deal with cases involving the criminal justice organization.[6]

The post-obit signal the grapheme of the reasons the Court considers for granting a writ of certiorari:

  • A U.Southward. court of appeals has entered a conclusion in conflict with the decision of some other U.Southward. court of appeals on the same important matter, has decided an of import federal question in a way that conflicts with a decision by a state court of terminal resort, or has so far departed from the accepted and usual course of judicial proceedings equally to telephone call for an exercise of the Court'south supervisory power
  • A country court of last resort has decided an important federal question in a mode that conflicts with the decision of some other land court of final resort or of a U.S. court of appeals
  • A state courtroom or a U.Southward. court of appeals has decided an of import question of federal law that has not been, but should be, settled by the Court, or has decided an important federal question in a way that conflicts with relevant decisions of the Courtroom[five]

Denying cert.

The denial of a petition for writ of certiorari does not have any effect on the instance. The lower courtroom'southward judgment still stands. Farther, denial of cert. is not a postage stamp of blessing by the college court of the judgment in the lower court. It just means that the higher court does not notice the legal issues raised in the petition to be important enough to consider at that time.[7]

Granted cert totals

According to the U.South. Supreme Courtroom website, the Courtroom receives approximately ten,000 petitions requesting a writ of certiorari each twelvemonth. Of those, approximately 100 actually receive the writ and have oral arguments before the Court. The Court writes between 80 and 90 opinions yearly, giving those cases full plenary review.[viii]

Certiorari in land courts

Some state appeals courts employ the aforementioned terminology. The land courts of the following states also event writs of certiorari: Alabama, Arkansas, Colorado, Connecticut, Florida, Georgia, Louisiana, New Bailiwick of jersey.[1]

Meet likewise

  • Alphabetize of terms
  • Knowing your Latin
  • U.s. Supreme Courtroom
  • State supreme courts
  • Appellate court
  • Writ

External links

  • Official site of the Usa Courts
  • Federal Court Concepts, Georgia Tech
  • Usa Commune Court Map

Footnotes

  1. ↑ 1.0 1.i i.2 Cornell University Law School, "Certiorari," accessed December nine, 2015
  2. ↑ Merriam-Webster Dictionary, "Certiorari Definition," accessed December ix, 2015
  3. ↑ three.0 3.ane U.Southward. Legal, "Certiorari Law & Legal Definition," accessed Dec 9, 2015
  4. ↑ four.0 4.ane iv.ii TechLawJournal, "Certiorari," accessed December 9, 2015
  5. ↑ v.0 5.1 Cornell University Law School, "Rule x. Considerations Governing Review on Writ of Certiorari," accessed December 9, 2015
  6. ↑ Yale Law Journal, "Justice Sotomayor and the Supreme Court's Certiorari Process," March 24, 2014
  7. ↑ FreeAdvice, "What is the upshot of denying petition for certiorari past the Supreme Courtroom of the United States?" accessed on December 9, 2015
  8. ↑ U.S. Supreme Courtroom, "Justice Caseload," accessed December 9, 2015