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]].
  
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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.
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The votes of only four Justices, not five, are required by the [[U.S. Supreme Court]] to "grant cert." and thereby accept appeal of a case.   
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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]]''.
 
[[category:legal terms]]
 
[[category:legal terms]]
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[[category:United States Supreme Court Cases]]

Revision as of 02:37, 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 Justices, 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. That rarely happens, but did in 2007 in the high-profile case of Boumediene v. Bush.