Writ of Certiorari

Definition

A writ of certiorari is a court order issued by a higher court, such as the Supreme Court, to a lower court to send the records of a case for review. It is a critical procedural step in the appeals process, allowing the higher court to select which cases it will hear and potentially overturn the lower court's decision.

5 Must Know Facts For Your Next Test

1. The Supreme Court's use of the writ of certiorari is a key mechanism for controlling its docket and selecting the cases it will hear.
2. The Supreme Court typically grants a writ of certiorari in cases where there is a significant legal issue or a conflict between lower court decisions.
3. The granting of a writ of certiorari does not indicate the Supreme Court's view on the merits of the case, but rather its decision to hear the case.
4. The denial of a writ of certiorari does not necessarily mean the Supreme Court agrees with the lower court's decision, but rather that it has chosen not to review the case.
5. The Supreme Court's discretionary use of the writ of certiorari has been the subject of much scholarly debate and criticism over the years.

Review Questions

• Explain the purpose and significance of the writ of certiorari in the appeals process.
  • The writ of certiorari is a critical procedural step in the appeals process, as it allows a higher court, such as the Supreme Court, to select which cases it will hear and potentially overturn the lower court's decision. This discretionary power gives the Supreme Court control over its docket and the ability to focus on cases that raise significant legal issues or have conflicting lower court rulings. The granting of a writ of certiorari indicates the Supreme Court's interest in reviewing the case, but does not necessarily reflect its view on the merits of the case. The denial of a writ, on the other hand, does not necessarily mean the Supreme Court agrees with the lower court's decision, but rather that it has chosen not to review the case.
• Analyze the role of the writ of certiorari in the Supreme Court's exercise of its appellate jurisdiction.
  • The writ of certiorari is a key mechanism by which the Supreme Court exercises its appellate jurisdiction. By granting a writ of certiorari, the Supreme Court can select the cases it will hear and review, rather than being required to hear all appeals. This discretionary power allows the Court to focus on cases that raise important legal questions or have significant implications, rather than being overburdened with a large docket of routine appeals. The Supreme Court's use of the writ of certiorari has been the subject of much scholarly debate, as it gives the Court a significant amount of control over its caseload and the development of the law. However, this discretionary review process is also seen as a way for the Court to manage its workload and ensure it can devote sufficient attention to the most important legal issues.
• Evaluate the criticisms and debates surrounding the Supreme Court's use of the writ of certiorari, and assess the impact of this process on the development of the law.
  • The Supreme Court's discretionary use of the writ of certiorari has been the subject of much scholarly debate and criticism over the years. Some argue that the Court's ability to choose which cases it will hear gives it too much power and can lead to the development of the law being unduly influenced by the Court's own priorities and preferences. Others contend that the writ of certiorari is a necessary tool for the Court to manage its workload and focus on the most significant legal issues. Ultimately, the impact of the writ of certiorari on the development of the law is complex, as it allows the Court to shape the legal landscape by selecting the cases it will review, but also raises concerns about the Court's potential to exceed its proper role and influence the law in ways that may not align with the will of the people or the intent of the legislature. The ongoing debate surrounding the writ of certiorari highlights the delicate balance between the Court's role in interpreting the law and the need for democratic accountability and transparency in the judicial process.

Related terms

Appeal:

A request made to a higher court to review the decision of a lower court, with the goal of overturning or modifying the lower court's ruling.

Appellate Jurisdiction:

The power of a higher court to review the decisions of a lower court and potentially overturn or modify those decisions.

Discretionary Review: The ability of a higher court, such as the Supreme Court, to choose which cases it will hear and review, rather than being required to hear all appeals.