CERTIORARI Meaning and
Definition
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Certiorari is a legal term derived from Latin, which literally translates to "to be informed" or "to be made certain." In the context of law, certiorari is a formal process by which a higher court reviews a decision made by a lower court, usually an appeals court or a state supreme court. It is a discretionary power vested in the higher court, which grants the higher court the authority to select the cases it wishes to review.
When a party feels that a lower court has made an erroneous decision, they can file a petition for certiorari, requesting the higher court to review the case. This petition typically outlines the alleged legal errors made by the lower court and argues why the higher court should intervene. If the higher court grants certiorari, it means that they have agreed to review the case, generally focusing on important legal issues of national significance or conflicts between different federal circuits.
Through the process of certiorari, the higher court evaluates the decision of the lower court, considering whether legal errors occurred or if constitutional rights were violated. The higher court may uphold, modify, reverse, or remand the case back to the lower court for further proceedings.
Certiorari is a crucial mechanism for the functioning of the legal system, as it ensures that lower court decisions are subjected to scrutiny and oversight, promoting consistency and fairness in the application of the law. It provides a means for parties to seek redress and clarification on important legal issues, ultimately shaping the interpretation and development of the law.
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A writ issued from a superior court to an inferior one, to remove a cause depending in it.
Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
Common Misspellings for CERTIORARI
- xertiorari
- vertiorari
- fertiorari
- dertiorari
- cwrtiorari
- csrtiorari
- cdrtiorari
- crrtiorari
- c4rtiorari
- c3rtiorari
- ceetiorari
- cedtiorari
- ceftiorari
- cettiorari
- ce5tiorari
- ce4tiorari
- cerriorari
- cerfiorari
- cergiorari
- certoriari
- certoriai
Etymology of CERTIORARI
The word "certiorari" is derived from Latin. It comes from the phrase "certiorari volumus" which means "we wish to be informed" or "we wish to be made certain". This phrase was used in Anglo-French legal documents in the 14th century.
In legal terms, "certiorari" refers to a writ or order issued by a higher court to a lower court, requesting the records of a case for review. The term entered English legal usage in the late 16th century and has remained a standard and important part of legal terminology since then.
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