Difference between revisions of "Certiorari"
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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]]. |
The votes of only four out of nine Justices, not a majority (five out of nine), are required by the [[U.S. Supreme Court]] to "grant cert." and thereby accept appeal of a case. | The votes of only four out of nine Justices, not a majority (five out of nine), are required by the [[U.S. Supreme Court]] to "grant cert." and thereby accept appeal of a case. | ||
Revision as of 03:46, August 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.
The votes of only four out of nine Justices, not a majority (five out of nine), 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. That rarely happens, but did in 2007 in the high-profile case of Boumediene v. Bush.