Definition
Certiorari refers to the process by which a higher court, especially the Supreme Court, chooses whether to review a lower-court decision.
Political Dictionary
Certiorari
Certiorari is discretionary review by a higher court.
Why It Matters
It allows the Supreme Court to focus on major federal questions, conflicting appellate decisions, and important legal issues.
How It Works
Parties file petitions, opposing parties may respond, and the justices vote whether to grant review.
History
Congress expanded discretionary Supreme Court review in the late nineteenth and early twentieth centuries.
Example
The Court may grant certiorari to resolve a conflict between two federal circuits.
Common Misconceptions
- Certiorari means the petitioner won.
- The Court must accept every petition.
- Denial approves the lower court’s reasoning.
Related Terms
Related Topics
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