CERTIORARI

certiorari, writ of certiorari

(noun) a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case

Source: WordNet® 3.1


Etymology

Noun

certiorari (plural certioraris)

(US, legal) A grant of the right of an appeal to be heard by an appellate court where that court has discretion to choose which appeals it will hear.

(British, legal) A grant of review of a government action by a court with discretion to make such a review.

Source: Wiktionary


Cer`ti*o*ra"ri, n. Etym: [So named from the emphatic word certiorari in the Latin form of the writ, which read certiorar volumus we wish to be certified.] (Law)

Definition: A writ issuing out of chancery, or a superior court, to call up the records of a inferior court, or remove a cause there depending, in order that the party may have more sure and speedy justice, or that errors and irreguarities may be corrected. It is obtained upon complaint of a party that he has not received justice, or can not have an impartial trial in the inferior court.

Note: A certiorari is the correct process to remove the proceedings of a court in which cases are tried in a manner different from the course of the common law, as of county commissioners. It is also used as an auxiliary process in order to obtain a full return to some other process. Bouvier.

Source: Webster’s Unabridged Dictionary 1913 Edition



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