Writ of certiorari

/rɪt əv ˌsɜrʃiəˈrɛraɪ/ noun phrase

Definition

A discretionary appellate court order requesting that a lower court send up the record of a case for review. Most famously used by the U.S. Supreme Court, which grants certiorari in only about 1% of petitions to review cases of national importance.

Etymology

From Latin 'certiorari' meaning 'to be informed' or 'to be made certain.' Originated in medieval English law as a royal writ to review inferior court proceedings. The discretionary nature allowed higher courts to focus on legally significant cases rather than routine appeals.

Kelly Says

Certiorari is the Supreme Court's ultimate power move—it decides which cases deserve the nation's attention by granting 'cert' to only the most important legal questions. The 'Rule of Four' means just four justices can grant cert, but with roughly 7,000 petitions annually and only 60-80 cases heard, getting cert is like winning the legal lottery. This discretionary jurisdiction allows the Court to shape American law by choosing which constitutional questions to resolve.

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