Simple English definitions for legal terms
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Definition: Certiorari is a legal term that refers to a writ, or order, issued by a higher court to review a decision made by a lower court. When a party loses a case in a court of law, they may be allowed to appeal the decision to a higher court. However, in some cases, a party may only appeal by filing a writ of certiorari. If the writ is granted, the higher court will hear the case.
Example: In the United States, the Supreme Court issues writs of certiorari to review lower court judgments. A party seeking to appeal to the Supreme Court from a lower court decision must file a writ of certiorari. If four Justices agree to review the case, then the Court will hear the case. If four Justices do not agree to review the case, the Court will not hear the case.
Explanation: The example illustrates how certiorari works in the context of the United States Supreme Court. If a party wants to appeal a lower court decision to the Supreme Court, they must file a writ of certiorari. The Supreme Court will then decide whether or not to hear the case based on the writ. If four Justices agree to review the case, the Court will hear the case. If not, the Court will not hear the case.
Reasons for Granting or Denying Certiorari: The decision to grant or deny certiorari is discretionary and based on certain criteria listed in Rule 10 of the Supreme Court Rules. A decision to deny certiorari does not necessarily mean that the higher court agrees with the lower court's ruling. Instead, it simply means that fewer than four justices determined that the circumstances of the decision of the lower court warrant a review by the Supreme Court.