Legal Definitions - certiorari petition

A certiorari petition (often shortened to "cert petition") is a formal written request asking a higher court, most commonly the U.S. Supreme Court, to review a decision made by a lower court. The Supreme Court has discretion over which cases it hears, meaning it is not obligated to take every case appealed to it. A certiorari petition is the primary mechanism by which a party asks the Supreme Court to exercise its discretionary power to hear their case. The Court grants "certiorari" (meaning it agrees to hear the case) only for a small percentage of the petitions it receives, typically those involving significant legal questions, conflicts between lower courts, or issues of national importance.

Here are some examples illustrating a certiorari petition:

• Example 1 (Criminal Law): A man was convicted of a federal crime, and his conviction was upheld by a federal court of appeals. He believes that crucial evidence used against him was obtained through an illegal search, violating his Fourth Amendment rights, and that the appellate court incorrectly applied established Supreme Court precedent. His legal team would file a certiorari petition with the U.S. Supreme Court, asking the Court to review the court of appeals' decision and determine if the lower court indeed misapplied the law regarding search and seizure. The petition would highlight the constitutional question and the alleged error in the lower court's ruling.

• Example 2 (Civil Law - Circuit Split): Two different federal courts of appeals have issued conflicting rulings on how a specific provision of a new federal environmental protection law should be interpreted. A large manufacturing company, facing a lawsuit under this law, had its case decided by one of these courts of appeals, which ruled against the company based on its interpretation. To resolve the inconsistency and establish a uniform interpretation of the federal law across the country, the company's attorneys would file a certiorari petition. They would argue that the Supreme Court needs to step in to resolve this "circuit split" and provide a definitive answer on the law's meaning, which affects businesses nationwide.

• Example 3 (Constitutional Law - State Statute): A state passes a new law that restricts certain types of political speech, and a civil liberties organization challenges the law, arguing it violates the First Amendment of the U.S. Constitution. After the state's highest court upholds the constitutionality of the law, the civil liberties organization would file a certiorari petition with the U.S. Supreme Court. Their petition would ask the Supreme Court to review the state court's decision, contending that the state law infringes upon fundamental free speech rights guaranteed by the federal Constitution, thereby presenting a significant federal constitutional question for the Court to address.