Writ of Certiorari

  • Vivek Devvrat Singh

Abstract

A form of writ, designed for rare use, by which, at its discretion, an appeal court agrees to review a lawsuit. The term certiorari derives from Latin word which means "to be more fully informed." A certiorari brief directs a lower court to include its record in a case so that it can be examined by the higher court. In selecting several of the lawsuits it hears, the U.S. Supreme Court uses certiorari. The writ of certiorari is a writ of common law, which may be repealed or regulated solely by the laws of the statute or court. A phrase that seems like a Constitutional Court's home in the midst of a tongue twister of rolled as an official route. Certiorari's prerogative writ takes its name from the tradition where a sovereign would state that he "wanted to be certified certiorari-of the matter upon hearing a complaint from a subject that injustice had been committed, and direct the records in the matter to be transmitted to the Court in which he was sitting."

Published
2019-10-15
Section
Articles