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 irregularities 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.
Order to a lower court to deliver the record of a case to an appellate court.
A writ of certiorari is a form of judicial review. A court may be asked to consider a legal decision of an administrative tribunal, judicial office or organization (e.g. government), to decide if the decision has been regular and complete or if there has been an error of law. For example, a certiorari may be used to wipe out a decision of an administrative tribunal which was made in violation of the rules of natural justice, such as a failure to give the person affected by the decision an opportunity to be heard.
A writ of review issued by a higher court to a lower court. A means of getting an appellate court to review a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take the appeal. (Sometimes referred to as "granting cert.")
An extraordinary writ issued by a superior court (as the Supreme Court) to call up the records of a particular case from an inferior judicial body (as a Court of Appeals). Abbreviated "cert." Note: Certiorari is one of the two ways to have a case from a U.S. Court of Appeals reviewed by the U.S. Supreme Court. Certification is the other. The Supreme Court may also use certiorari to review a decision by a state's highest court when there is a question as to the validity of a federal treaty or statute, or of a state statute on constitutional grounds. Certiorari is also used within state court systems.
The process by which a party to a case requests that the case be reviewed by the Supreme Court. If four Supreme Court justices agree to hear the case, the Court will issue a "writ of certiorari", a legal document that allows the case to proceed. If less than four Justices agree to hear the case, the case is "denied cert" and the decision of the lower court is final ( return).
An order in the form of a writ from a higher court authorizing an appeal to proceed. Often referred to simply as "cert."
A writ issued by a superior to an inferior court, etc. requiring the return of the record and proceedings for review.
To petition for certiorari is to formally request the appellate court to hear a particular case. The U.S. Supreme Court uses certiorari at its discretion to review the cases that it wants to hear.
An original writ or court order commanding judges or officers of inferior courts to certify or return records of proceedings in a cause for judicial review.
a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
A writ, issuing from a superior court, upon the complaint of a party that he has not received justice in an inferior court, or cannot have an impartial trial, by which the records are called up for trial in the superior court. Under s18 of the Federal Court Act certiorari in respect of the review of a decision of a federal board is in the exclusive jurisdiction of the Trial Division of the Federal Court.
(writ of). A writ issued by a higher court directing a lower court to send the record of a case to the higher court for review.
(Sur'shi-o-ra're) An order commanding judges or officers of lower courts to certify or to provide records of proceedings in a case to a higher court for judicial review.
an "extraordinary remedy" used by a superior court to quash or cancel an order or decision made without jurisdiction by a lower court or tribunal;
(ser'shi-o-ra'ri) - An order commanding judges or officers of a lower court to certify the record of a case for judicial review by an appellate court.
An original writ or action whereby a cause is removed from an inferior to a superior court for review.
(Latin: "To be informed of.") Writ issued by a superior or higher court to a lower court requiring the lower court to produce a certified record of a case tried there so that the superior court can examine the lower court proceedings for errors. See record.
Written order from an appellate court for the lower court to send the appeals court the records of a case.
Latin for “to be informed.†An order of an appellate court, called a writ of certiorari, granting review of a lower court ruling. Typically used to refer to the U.S. Supreme Court agreeing to hear a case.
an appellate proceeding for re-examination of action of an inferior tribunal.
A writ by which the record of a proceeding in a lower court is removed into a higher court for review.
An order by the High Court that a case should be reviewed. If the High Court considers that a case heard in a lower court is flawed it may order that it be reviewed by the High Court. (This word is Latin.)
The name of a writ of review or inquiry; an appellate proceeding for reexamination of the act of an inferior tribunal, or an auxiliary process to enable an appellate court to obtain further information in a pending cause.
A writ issued by a superior court requiring an inferior court to provide a certified record of a case it has tried. The higher court issues the writ in order to inspect the lower court's proceedings for irregularities. Certiorari usually refers to the U.S. Supreme Court's use of the writ to choose which cases it wishes to hear.
A Latin meaning "to be informed of." It refers to the order a court issues so that it can review the decision and proceedings in a lower court in order to determine whether there were any errors made. When such an order is made, it is said that the court has "granted certiorari."
(SIR she oh RARE ee) Writ issued by appellate court directing lower court to deliver record of case for review. Often referred to as "granting cert."
A procedure for removing a case from a lower court to a higher court for review.
(writ of) - a form of judicial review whereby a court is asked to consider a legal decision and to decide if the decision has been regular and complete or if there has been an error of law.
Literally, "to be informed of, to be made certain in regard to." See writ of certiorari.
A writ issued by a higher court to a lower court asking the lower court to forward the record of a particular case in question.
A discretionary appeal used to ascertain whether a lower court had jurisdiction or whether its proceedings were authorized. If granted, a writ of certiorari proceeds in the manner of a regular appeal.
Certiorari (Eng. /səɹʃəˈɹeəɹi/) is a legal term in Roman, English and American law referring to a type of writ seeking judicial review. Certiorari ("to be ascertained") is the present passive infinitive of Latin certioro, a contraction of certiorem facere ("to ascertain, lit. to make certain"), Certioro was a highly technical term appearing only in jurisprudential Latin, most frequently in the works of Ulpian, who favored it over the facere form.