Certiorari

English Legal System: Certiorari

In the context of the English law, A Dictionary of Law provides the following legal concept of Certiorari :

(Latin: to be informed)

See quashing order.

Meaning of Certiorari in the U.S. Legal System

Definition of Certiorari published by the National Association for Court Management: A means of getting an appellate court to review a lower court’s decision. The loser of a case will often ask the appellate court to issue a writ of certiorari, which orders the lower court to convey the record of the case to the appellate court and to certify it as accurate and complete. If an appellate court grants a writ of certiorari, it agrees to take the appeal. This is often referred to as granting cert.

Concept of Certiorari in the context of Real Property

A short definition of Certiorari: An appellate review of the complete record of a lower court action, rather then simply a review of an appeal for judicial error.

Concept of Certiorari in the context of Real Property

A short definition of Certiorari: An appellate review of the complete record of a lower court action, rather then simply a review of an appeal for judicial error.

Etimology of Certiorari

(You may find certiorari at the world legal encyclopedia and the etimology of more terms).

legal Latin, “to be certified, to be informed or shown,” from a word figuring in the opening phrase of such writs from superior to inferior courts seeking the records of a case. Passive present infinitive of certorare “to certify, inform,” from certior, comparative of certus “sure” (see certain).

Meaning of Certiorari in Spanish

Description/ translation of certiorari into Spanish: (in the law of the United States/ en el derecho de los Estados Unidos) orden por la que el tribunal supremo de los estados unidos reclama de la instancia inferior el conocimiento de una causa; (SUG) orden de avocación; to petition for a writ of certiorai: instar una orden de avocación; to grant/to deny a petition for a writ of certiorari: admitir/inadmitir a trámite una instancia de avocación[1]

Note: for more information on related terms and on the area of law where certiorari belongs (criminal procedure law), in Spanish, see here.

Notes and References

1. Translation of Certiorari published by Antonio Peñaranda

Concept of “Certiorari”

Traditional meaning of certiorari in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) (To be made more certain; to be informed.) A writ issuing from a superior court to an inferior, before verdict, requesting the latter to send up the proceedings or record for review or trial. It was an original writ issuing from Chancery or the K. B. in civil or criminal cases. It was also auxiliary to a writ of error. It lies, in the U. S.; to courts not of record, or tribunals proceeding not according to the common law, and after judgment; see 108 U. S. 31; 112 Mass. 206; Robinson’s Elementary Law Rev. ed.; § 273. A bill of certiorari was a bill in chancery, praying relief, and the removal into chancery of a suit in an inferior court of equity, for reason of incompetency or hardship; see Story Eq. PI.; § 298.

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Notes and References

1. Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Certiorari”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.

See Also

Certiorari (Appellate Process)

Certiorari

Certiorari

Certiorari