certiorari

Thân thiện

The Supreme Court granted certiorari to review the lower court's decision.

Definition

1. Noun:
   • A writ or order by which a higher court reviews a case from a lower court: A "certiorari" is a formal request that a higher court (like a Supreme Court) orders a lower court to send up the record of a case for review. It is a discretionary device, meaning the higher court is not obligated to grant it.

Usage Examples

• Noun:
  • The Supreme Court granted certiorari to hear the landmark case.
  • The defense attorney filed a petition for a writ of certiorari.
  • The court denied certiorari, letting the lower court's decision stand.

Advanced Usage

• "to grant certiorari": The act of a higher court agreeing to hear a case.
  • The justices voted to grant certiorari on the constitutional question.
• "to deny certiorari": The act of a higher court refusing to hear a case.
  • The appeal was unsuccessful as the court denied certiorari.
• "petition for a writ of certiorari": The formal document requesting the higher court's review.
  • Their lawyer prepared a detailed petition for a writ of certiorari.

Variants and Related Words

• Certiorari, writ of: The full legal term.
• Certiorari petition (n): The document requesting the writ.
• Certiorari jurisdiction (n): The authority of a court to review cases via this writ.

Synonyms

• Review order: An order for judicial review.
• Writ of review: Another term for an order to send up a case record.

Notes on Meaning

This term is specific to common law legal systems, particularly the United States. It is not a general English word but a precise legal term of art. Its primary and only common meaning pertains to this specific judicial review process.

Học thuật

Noun

1. a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case

Từ đồng nghĩa

• writ of certiorari