Definition
A writ of certiorari is issued when a higher court agrees to review a lower-court judgment.
Political Dictionary
Writ of Certiorari
A writ of certiorari is the formal order directing a lower court to send a case for review.
Why It Matters
It marks the transition from a request for review to an accepted appellate case.
How It Works
After sufficient justices vote to grant the petition, the Court orders the record transmitted.
History
The writ has roots in English common law and became the principal mechanism for discretionary Supreme Court review.
Example
The Supreme Court grants a writ to hear a constitutional challenge.
Common Misconceptions
- The writ reverses the lower court automatically.
- Any lawyer may issue one.
- A writ is the same as a subpoena.
Related Terms
Related Topics
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