What is the meaning of certiorari in law?

Asked By: Aristoteles Zloty | Last Updated: 31st May, 2020
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A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.

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Similarly one may ask, what does it mean that the Supreme Court granted certiorari?

The granting of a writ does not necessarily mean that the Supreme Court disagrees with the decision of the lower court. Granting a writ of certiorari means merely that at least four of the justices have determined that the circumstances described in the petition are sufficient to warrant review by the Court.

Additionally, what is an example of writ of certiorari? Recent Example of Certiorari Granted: Roe v. In its landmark decision in the 1973 case of Roe v. Wade, the Supreme Court ruled 7-2 that a woman's right to have an abortion was protected by the Due Process of Law Clause of the 14th Amendment to the U.S. Constitution. In deciding to grant certiorari in Roe v.

Beside this, what happens when writ of certiorari is granted?

The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review. Under certain instances, one Justice may grant a stay pending review by the entire Court.

What happens when certiorari is denied?

If your Writ of Certiorari is denied, it simply means that the appeals court decision agreed with the current law. If you have recently been through the circuit court of appeals and were dissatisfied with the judgment, a Writ of Certiorari to the Supreme Court may be necessary.

36 Related Question Answers Found

What are the 3 types of opinions in the Supreme Court?

Describe the three kinds of opinions a Supreme Court justice may write about a decided case: majority opinion, dissenting opinion, concurring opinions.

How does the Supreme Court decide a case?

The Supreme Court decides to hear a case based on at least four of the nine Justices of the Supreme Court agreeing to grant the Petition for Certiorari. If four Justices agree to grant the petition, the Supreme Court will consider the case. A petition for Writ Certiorari is a request that the court hear your case.

How long does it take for Supreme Court to decide a case?

The Supreme Court receives about 10,000 petitions a year. The Justices use the "Rule of Four” to decide if they will take the case. If four of the nine Justices feel the case has value, they will issue a writ of certiorari.

What happens when Supreme Court refuses to hear case?

United States Supreme Court
As such, a party seeking to appeal to the Supreme Court from a lower court decision must file a writ of certiorari. This is referred to as "granting certiorari," often abbreviated as "cert." If four Justices do not agree to review the case, the Court will not hear the case.

What percentage of cert petitions are granted?


What is the Probability that Certiorari will be Granted?
Success Rate of Petitions for Writ of Certiorari (Granted/Filed)%
2014 2016
Criminal 2.1% 2.8%
U.S. Civil 1.4% 3.2%
Private Civil 2.5% 2.7%

What is quo warranto in law?

Quo warranto is a special form of legal action used to resolve a dispute over whether a specific person has the legal right to hold the public office that he or she occupies. Quo warranto is used to test a person's legal right to hold an office, not to evaluate the person's performance in the office.

How do you pronounce certiorari?

All the justices pronounce the first syllable “ser,” and most pronounce the second syllable “shee.” Pronunciations include: Chief Justice John G.

Why are dissenting opinions still important?

The primary reason that we have dissenting opinions is that the justices often disagree with each other as to how a case should be decided. Possibly more importantly, the reasoning in the dissent can, over time, a convince a majority of the court. In that case, the original majority decision can be overruled.

What is the purpose of a writ of certiorari?

A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.

What are the steps of a writ of certiorari?

Petition for Writ of Certiorari. (informally called "Cert Petition.") A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court.

When writ of certiorari is granted?

Grant of certiorari (or “cert grant”): The Supreme Court grants certiorari when it decides, at the request of a party challenging the decision of a lower court, to review the merits of the case. At least four justices must vote to grant certiorari in a case.

What percentage of cases does the Supreme Court accept?

Most common—roughly two-thirds of the total—are requests for review of decisions of federal appellate or district courts. The great majority of cases reach the Supreme Court through its granting of petitions for writs of certiorari, from the Latin certiorari volumnus, "we wish to be informed."

What happens after Supreme Court ruling?

The losing side in the lower court files a petition for writ of certiorari. A writ is a court order. Writ of certiorari: the order the Supreme Court issues when it agrees to review a lower court decision; or a Supreme Court order agreeing to hear an appeal.

What happens after oral arguments?


After the oral arguments have been finished, the court meets, in its conference room, to reach a preliminary decision about the outcome of each case. When the justices disagree, the greater number becomes the majority of the court on that case. The court may then vote to change the outcome.

What types of cases does the Supreme Court hear?

The United States Supreme Court is a federal court, meaning in part that it can hear cases prosecuted by the U.S. government. (The Court also decides civil cases.) The Court can also hear just about any kind of state-court case, as long as it involves federal law, including the Constitution.

WHO issues writ of certiorari?

Certiorari. Certiorari, also called cert, in common-law jurisdictions, a writ issued by a superior court for the reexamination of an action of a lower court. Certiorari also is issued by an appellate court to obtain information on a case pending before it.