certiorari
/serr'shee euh rair"uy, -rair"ee/, n. Law.
a writ issuing from a superior court calling up the record of a proceeding in an inferior court for review. Also called writ of certiorari.
[1515-25; < L: to be informed, certified, lit., made surer, pass. inf. of certiorare to inform, v. deriv. of certior, comp. of certus sure (see CERTAIN); so called because v. form occurred in the L original]

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In law, a writ issued by a superior court for the reexamination of an action of a lower court.

The writ of certiorari was originally a writ from England's Court of Queen's (King's) Bench to the judges of an inferior court; it was later expanded to include writs from the equity (chancery) courts. In the U.S., certiorari is the most common means by which cases from the United States Courts of Appeals are reviewed by the Supreme Court of the United States. For the Supreme Court to issue a writ of certiorari, at least four justices must agree to hear the case.

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law
also called  cert 

      in common-law (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. The writ of certiorari was at first an original writ from England's Court of Queen's Bench (Queen's Bench, Court of) to the judges of inferior courts ordering them to present certain records. Certiorari was later expanded to include the chancery (equity) courts. The writ was abolished in 1938, but the High Court of Justice retained the right to make an order of certiorari. Such orders have been useful in the review of decisions of administrative courts from which there is no regular means of appeal, particularly in reviewing questions of error in the admission and exclusion of evidence.

      In the United States certiorari is used by the Supreme Court (Supreme Court of the United States) to review questions of law or to correct errors and to ensure against excesses by the lower courts. Such writs are also issued in exceptional cases when an immediate review is required. For the Supreme Court to issue a writ of certiorari, four of the court's nine justices must agree to review the case.

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Universalium. 2010.

Look at other dictionaries:

  • certiorari — cer·tio·ra·ri /ˌsər shē ə rar ē, ˌsər shə , rär / n [Medieval Latin certiorari ( volumus ) (we wish) to be informed (words used in the Latin texts of such writs)]: an extraordinary writ issued by a superior court (as the Supreme Court) to call up …   Law dictionary

  • Certiorari — ist ein Rechtsterminus (lat. certioro, certiorem facio – etwa bestimmen, zulassen, bestätigen), der auf die Prozesslehre von Ulpian zurückgeht und die Prozesshandlung bezeichnet, mit der ein übergeordnetes Gericht (iudex ad quem) sich an ein… …   Deutsch Wikipedia

  • Certiorari — Cer ti*o*ra ri, n. [So named from the emphatic word certiorari in the Latin form of the writ, which read certiorar volumus we wish to be certified.] (Law) A writ issuing out of chancery, or a superior court, to call up the records of a inferior… …   The Collaborative International Dictionary of English

  • certiorari — legal L., to be certified, to be informed or shown, 1520s, from a word figuring in the opening phrase of such writs from superior to inferior courts. Passive present infinitive of certorare to certify, inform, from certior, comp. of certus sure …   Etymology dictionary

  • certiorari — [sʉr΄shē ə rer′ē] n. [ME < LL, lit., to be made more certain: a word in the writ] Law a discretionary writ from a higher court to a lower one, or to a board or official with some judicial power, requesting the record of a case for review …   English World dictionary

  • Certiorari — Prerogative writs Certiorari / Revie …   Wikipedia

  • certiorari — Orden judicial emitida por un tribunal superior por la cual se ordena revisar una actuación de un tribunal inferior. En Inglaterra, la orden de certiorari originalmente era un mandamiento judicial de los magistrados del Tribunal de la Reina (Rey) …   Enciclopedia Universal

  • certiorari — /sarsh(iy)areray/sarshareriy/ To be informed of. A writ of common law origin issued by a superior to an inferior court requiring the latter to produce a certified record of a particular case tried therein. The writ is issued in order that the… …   Black's law dictionary

  • certiorari — /sarsh(iy)areray/sarshareriy/ To be informed of. A writ of common law origin issued by a superior to an inferior court requiring the latter to produce a certified record of a particular case tried therein. The writ is issued in order that the… …   Black's law dictionary

  • certiorari — noun Etymology: Middle English, from Latin, literally, to be informed; from the use of the word in the writ Date: 15th century a writ of superior court to call up the records of an inferior court or a body acting in a quasi judicial capacity …   New Collegiate Dictionary

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