How do you pronounce 'certiorari' and what is its meaning?
certiorari
noun
How to pronounce certiorari?
The word certiorari sounds like cer-ti-o-ra-ri
/,sɜrʃiə'rɜraɪ/
What is the definition of certiorari?
nouna common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
What is the meaning of the word certiorari?
- Certiorari is a Latin legal term that refers to a type of writ or legal order issued by a higher court calling up the records of a case from a lower court for review.
What is the origin of the word certiorari?
- The word certiorari comes from Latin, derived from the verb 'certiorare', meaning 'to inform' or 'to make certain'.
How is certiorari used in the legal context?
- In the legal context, certiorari is used to describe the process by which a higher court reviews the decision of a lower court. It is typically requested by a party dissatisfied with the lower court's decision.
What is the purpose of a writ of certiorari?
- The purpose of a writ of certiorari is to provide a higher court the opportunity to review the decision of a lower court and determine whether there were any errors of law or abuse of discretion.
What is the difference between certiorari and appeal?
- In legal proceedings, an appeal is a request made to a higher court to review a lower court's decision. Certiorari, on the other hand, is a specific type of writ used to bring a case before a higher court for review. Unlike an appeal, which is generally a matter of right, the decision to grant or deny a writ of certiorari is within the discretion of the higher court.
Which courts can issue a writ of certiorari?
- In the United States, writs of certiorari are typically issued by the Supreme Court. However, other appellate courts, both federal and state, may also have the power to issue certiorari in certain circumstances.
What are some synonyms of certiorari?
- Some synonyms of certiorari include review, appeal, reconsideration, and revision.
Is the writ of certiorari common in civil or criminal cases?
- The writ of certiorari can be used in both civil and criminal cases. It allows a higher court to review the decision of a lower court regardless of the type of case.
What happens if a writ of certiorari is granted?
- If a writ of certiorari is granted, it means that the higher court agrees to review the decision of the lower court. The case will then proceed to the higher court for further consideration and a final decision.
What happens if a writ of certiorari is denied?
- If a writ of certiorari is denied, it means that the higher court has chosen not to review the decision of the lower court. The decision of the lower court will stand, and the case will not proceed to the higher court for further consideration.
