Certiorari

Informal term: Cert
Pronounciation: sersh-oh-rare-ee
Process: All documentation from the lower court are sent up to the higher court.
Example: The Supreme Court denied Certiorari in the Madey Case. “Duke and other universities must now confront the issue of what the Federal Circuit decision will mean for scientific (and academic) research.” (Duke News)
Common law writ.
Phraseology: Latin for “to be informed of” or “to be ascertained / certified.”

A higher court such as the Supreme Court or appellate court reviews a decision made by a lower court when the record of the case is re-observed. It is the “order a court issues so that it can review the decision and proceedings in a lower court and determine whether there were any irregularities. When such an order is made, it is said that the court has granted certiorari.” (Court TV) Certiorari is the check and balance for irregularity. It is the legal term in Roman, English and American law referring to a type of writ seeking judicial review. Olden Roman texts use the term philosophically, and not often tangibly. In English law it is public law relief.

In the United States someone can “petition for writ of certiorari” to the Supreme Court, whereas permission must be granted to review the case. Four of the nine justices must vote in favor of the writ to sit in council. 80 to 150 of the 7,500 writs are granted per year. Note that granting a writ only means to review it not to over turn anything yet. Certiorari is the “name given to certain appellate proceedings for re-examination of actions of a trial court, or inferior appeals court. The U.S. Supreme Court still uses the term certiorari in the context of appeals.” (Techlaw)

Cer`ti*o*ra"ri (?), n. [So named from the emphatic word certiorari in the Latin form of the writ, which read certiorar volumus we wish to be certified.] Law

A writ issuing out of chancery, or a superior court, to call up the records of a inferior court, or remove a cause there depending, in order that the party may have more sure and speedy justice, or that errors and irreguarities may be corrected. It is obtained upon complaint of a party that he has not received justice, or can not have an impartial trial in the inferior court.

⇒ A certiorari is the correct process to remove the proceedings of a court in which cases are tried in a manner different from the course of the common law, as of county commissioners. It is also used as an auxiliary process in order to obtain a full return to some other process.

Bouvier.

© Webster 1913.