Definition

Noun: A formal legal order, or writ, issued by a higher court (such as the U.S. Supreme Court) to a lower court, demanding that the record of a case be sent up for review. It is the primary means by which the Supreme Court exercises its discretionary authority to decide which cases it will hear on appeal.

Usage

A writ of certiorari is a request for judicial review. The higher court grants the writ when it agrees to hear the case; it denies the writ when it declines to review the case. - The losing party in a lower court may petition the Supreme Court for a writ of certiorari. - The court's decision to grant or deny a writ of certiorari is based on factors like whether the case involves an important legal principle.

Examples

Advanced Usage

• "Certiorari" as a Standalone Term: In legal parlance, the full phrase "writ of certiorari" is often shortened to simply "certiorari" or the informal "cert." For example: "The Court denied " or "They are petitioning for ."
• "Cert Pool": A system used by the U.S. Supreme Court where law clerks from multiple justices' offices collaborate to review the thousands of petitions for a writ of certiorari and prepare memoranda summarizing them.

Variants and Related Words

• Certiorari (n.): The shortened, formal term for the writ.
• Cert (n., informal): A common abbreviation used in legal practice and journalism (e.g., "cert denied").
• Petition for Certiorari (n. phrase): The formal document requesting the Supreme Court to issue the writ.
• Writ of Mandamus: A different type of writ that commands a lower court or government officer to perform a specific duty.

Synonyms

• Review order: (Descriptive synonym) An order for review of a case.
• Discretionary review: (Conceptual synonym) Describes the nature of the process initiated by the writ.

Related Phrases

• To grant cert: To agree to hear a case.
• To deny cert: To refuse to hear a case.
• Cert. denied: The standard notation in legal records when the Supreme Court refuses to grant a writ of certiorari.

Noun

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