Legal Definitions - Petition for certiorari

A Petition for certiorari is a formal written request submitted to a higher appellate court, most commonly the U.S. Supreme Court, asking it to review a decision made by a lower court. The term "certiorari" comes from Latin, meaning "to be certified" or "to be informed," referring to the higher court's desire to be informed of the proceedings of the lower court.

This type of petition typically argues that the lower court made a significant legal error in its ruling, and that this mistake has broader implications beyond the specific case. Petitioners often contend that the error involves an important question of law that needs clarification, that different lower courts have reached conflicting decisions on the same legal issue (creating a "circuit split"), or that the lower court's decision contradicts established precedent from the higher court. The Supreme Court grants very few of these petitions each year, exercising its discretion to select cases that address fundamental legal questions or resolve widespread legal inconsistencies.

• Example 1: Conflicting Rulings on a Constitutional Right

  Imagine two different federal appellate courts issue conflicting rulings on whether a specific type of government surveillance, enabled by new technology, violates the Fourth Amendment's protection against unreasonable searches. One court rules it's constitutional, while another rules it's unconstitutional. A party from the losing side in one of these cases could file a Petition for certiorari with the U.S. Supreme Court. They would argue that this disagreement among lower courts creates significant confusion and uncertainty about a fundamental constitutional right, requiring the Supreme Court to step in and provide a definitive, nationwide answer.

• Example 2: Interpretation of a New Federal Statute

  Consider a situation where Congress passes a new federal law regulating online content, but its language is somewhat ambiguous. A federal appeals court interprets a key provision of this law in a way that a major tech company believes is overly broad and will stifle innovation, going against the law's intended purpose. The tech company, having lost its appeal, could file a Petition for certiorari. Their petition would contend that the lower court's interpretation of this new and important federal statute is incorrect and will have far-reaching negative consequences for the digital economy, thus warranting review by the Supreme Court to ensure the law is applied correctly.

• Example 3: State Court Decision Contradicting Federal Precedent

  Suppose a state's highest court rules that a particular type of evidence, obtained without a warrant, is admissible in criminal trials within that state. However, many legal scholars and attorneys believe this ruling directly contradicts a long-standing precedent set by the U.S. Supreme Court regarding the Fourth Amendment's exclusionary rule. The defense team in a criminal case where this evidence was used could file a Petition for certiorari with the U.S. Supreme Court. Their petition would argue that the state court's decision undermines established federal constitutional law, necessitating review to uphold the supremacy of federal law and ensure consistent application of constitutional rights across all states.