Certiorari
Certiorari, also referred to as a "writ of certiorari," is a legal term. It is derived from the Latin word certiorare, which means "to be fully informed."[1][2] It is most commonly associated with the U.S. Supreme Court, which uses certiorari to decide which cases it hears. In order for the Supreme Court to issue a writ of certiorari, at least four justices must agree to hear the case.[1][3]
How it works
A losing party files a petition for a writ of certiorari with a higher court. The petition is a formal request for the higher court to review the lower court judgment against the party petitioning. The petition must include the names of all parties in the case, as well as the facts and legal questions of the case and an argument as to why the higher court ought to agree to hear the case.[4]
If the higher court agrees to hear the case, known as granting cert, it issues a writ of certiorari to the lower court.[3] This writ requires the lower court to provide the higher court with a physical copy of the entire record compiled during the course of the case, from the initial filing of a complaint all the way through the final judgment issued by the lower court. Once the higher court has the record, it reviews it for errors made by the court to answer the questions presented in the petition.[4] Additionally, the higher court sets a date for the parties to present the case for review.
If the appellate court does not want to take the case, it will deny the petition. This is usually acknowledged as "cert. denied." Certiorari review is always discretionary. Further, Rule 10 of the U.S. Supreme Court's rules states that it will only grant a petition for cert. if there are "compelling reasons."[4] The writ is usually granted only when there are important questions of law that need to be addressed; it is rarely used when the petition alleges errors in the findings of fact.[5]
Granting cert.
When the U.S. Supreme Court grants or denies cert., it often issues a one-page document indicating that the Court will or will not hear the case, and these documents rarely provide explanation as to how and why the Court made the decision. Justices are not precluded, however, from issuing written statements when they dissent or concur with the decision made by the Court concerning the petition. As of 2014, Justice Sonia Sotomayor had issued more of these statements than any other justice. Most of her statements dealt with cases involving the criminal justice system.[6]
The following indicate the character of the reasons the Court considers for granting a writ of certiorari:
- A U.S. court of appeals has entered a decision in conflict with the decision of another U.S. court of appeals on the same important matter, has decided an important federal question in a way that conflicts with a decision by a state court of last resort, or has so far departed from the accepted and usual course of judicial proceedings as to call for an exercise of the Court's supervisory power
- A state court of last resort has decided an important federal question in a way that conflicts with the decision of another state court of last resort or of a U.S. court of appeals
- A state court or a U.S. court of appeals has decided an important question of federal law that has not been, but should be, settled by the Court, or has decided an important federal question in a way that conflicts with relevant decisions of the Court[5]
Denying cert.
The denial of a petition for writ of certiorari does not have any effect on the case. The lower court's judgment still stands. Further, denial of cert. is not a stamp of approval by the higher court of the judgment in the lower court. It merely means that the higher court does not find the legal issues raised in the petition to be important enough to consider at that time.[7]
Granted cert totals
According to the U.S. Supreme Court website, the Court receives approximately 10,000 petitions requesting a writ of certiorari each year. Of those, approximately 100 actually receive the writ and have oral arguments before the Court. The Court writes between 80 and 90 opinions yearly, giving those cases full plenary review.[8]
Certiorari in state courts
Some state appeals courts employ the same terminology. The state courts of the following states also issue writs of certiorari: Alabama, Arkansas, Colorado, Connecticut, Florida, Georgia, Louisiana, and New Jersey.[1]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Cornell University Law School, "Certiorari," accessed December 9, 2015
- ↑ Merriam-Webster Dictionary, "Certiorari Definition," accessed December 9, 2015
- ↑ 3.0 3.1 U.S. Legal, "Certiorari Law & Legal Definition," accessed December 9, 2015
- ↑ 4.0 4.1 4.2 TechLawJournal, "Certiorari," accessed December 9, 2015
- ↑ 5.0 5.1 Cornell University Law School, "Rule 10. Considerations Governing Review on Writ of Certiorari," accessed December 9, 2015
- ↑ Yale Law Journal, "Justice Sotomayor and the Supreme Court’s Certiorari Process," March 24, 2014
- ↑ FreeAdvice, "What is the effect of denying petition for certiorari by the Supreme Court of the United States?" accessed on December 9, 2015
- ↑ U.S. Supreme Court, "Justice Caseload," accessed December 9, 2015
