Difference between revisions of "Certiorari"
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(New page: Certiorari is a writ of review issued by a higher court to a lower court. A means of getting an appellate court to review a lower court's decision. If an appellate court grants a writ of c...) |
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Certiorari is a writ of review issued by a higher court to a lower court. A means of getting an appellate court to review a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take the appeal. (Sometimes this is referred to as "granting cert.") See also [[Writ of Certiorari]]. | Certiorari is a writ of review issued by a higher court to a lower court. A means of getting an appellate court to review a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take the appeal. (Sometimes this is referred to as "granting cert.") See also [[Writ of Certiorari]]. | ||
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| + | Only four out of nine votes, not five, are required by the [[U.S. Supreme Court]] to "grant cert." and thereby accept appeal of a case. If the Court declines cert., then five votes rather than four are required to grant cert. on a motion for reconsideration of that denial. | ||
[[category:legal terms]] | [[category:legal terms]] | ||
Revision as of 17:11, July 24, 2007
Certiorari is a writ of review issued by a higher court to a lower court. A means of getting an appellate court to review a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take the appeal. (Sometimes this is referred to as "granting cert.") See also Writ of Certiorari.
Only four out of nine votes, not five, are required by the U.S. Supreme Court to "grant cert." and thereby accept appeal of a case. If the Court declines cert., then five votes rather than four are required to grant cert. on a motion for reconsideration of that denial.