Legal Dictionary
Certiorari
Definition
A writ or order by which a higher court reviews a decision of a lower court.
Deep Dive
Certiorari is a Latin term meaning "to be informed of" or "to be made certain in regard to." In legal practice, it refers to a writ or order by which a higher court, typically an appellate court, reviews a decision of a lower court. This process is largely discretionary, meaning the higher court has the power to decide which cases it will hear, and is often used when a lower court has acted without jurisdiction, made a significant legal error, or when there is a split of authority among different lower courts on an important legal question.
Examples & Use Cases
- 1The U.S. Supreme Court grants *certiorari* to resolve a circuit split on the interpretation of a federal statute
- 2A state's highest court issues a writ of certiorari to review an appellate court decision that might conflict with established state law
- 3An administrative court seeking judicial review from a higher court for an agency's alleged overreach.
Related Terms
AppealWritJudicial Review