Certiorari
Literal meaning: “To be made more certain; to be informed.”
What does the Latin term "Certiorari" mean in law?
Certiorari is a writ issued by a higher court directing a lower court to send up the record of a case for review. In modern American practice, it most commonly refers to the discretionary writ by which the U.S. Supreme Court selects cases for review from the federal courts of appeals and state courts of last resort. The Court grants certiorari ("grants cert") in a small fraction of petitions filed, typically selecting cases that present important questions of federal law, resolve circuit splits, or address matters of national significance. The denial of certiorari does not constitute an endorsement of the lower court's decision.
Source: Procedure · Legal Latin
Legal Definition
Certiorari is a writ issued by a higher court directing a lower court to send up the record of a case for review. In modern American practice, it most commonly refers to the discretionary writ by which the U.S. Supreme Court selects cases for review from the federal courts of appeals and state courts of last resort. The Court grants certiorari ("grants cert") in a small fraction of petitions filed, typically selecting cases that present important questions of federal law, resolve circuit splits, or address matters of national significance. The denial of certiorari does not constitute an endorsement of the lower court's decision.
How It's Used
Certiorari is used when discussing appellate review, particularly by the Supreme Court. Lawyers file a 'petition for a writ of certiorari' (or 'cert petition') to request Supreme Court review. It is also used loosely to refer to the Court's decision to take a case ('the Court granted cert').
Example Sentences
The losing party filed a petition for certiorari with the Supreme Court, seeking review of the circuit court's interpretation of the statute.
The Court denied certiorari without comment, leaving the lower court's ruling intact.
Certiorari was granted to resolve a split among the circuits on the meaning of 'navigable waters' under the Clean Water Act.