Certiorari

Definition

Certiorari (commonly abbreviated as "cert") is a discretionary writ issued by a higher court directing a lower court to send the record of a case for review. In the United States, the Supreme Court uses the writ of certiorari as its primary mechanism for selecting cases. The Court grants certiorari when at least four Justices vote to hear the case (the Rule of Four). Factors considered include circuit splits, important federal questions, and conflicts with Supreme Court precedent. The vast majority of certiorari petitions are denied.

Example

After losing in the Court of Appeals, the petitioner files a petition for certiorari with the Supreme Court, arguing that the circuits are split on the legal issue.