Certiorari is a legal term that is derived from Latin and is used to refer to a writ, or a court order issued by a higher court to a lower court, mandating that it explain the legal rationale for a particular decision. In other words, certiorari is a document from a higher court ordering a lower court to explain why a certain decision was made.
It is often used in appeals to review the decision of a lower court. The writ of certiorari can be granted when either the facts or the law of a lower judgment are in dispute. When the writ of certiorari is granted, the Supreme Court will review the lower court’s ruling and decide whether the lower court applied the law correctly.
A modern example of a writ of certiorari being used in the United States today is the case of the United States v. Microsoft, where the Supreme Court granted certiorari to review the decision of the lower court. After reviewing the decision, the Supreme Court found that the district court’s interpretation of the law was overly broad and that Microsoft was entitled to the principle of sovereign immunity.
The Importance of Certiorari
Certiorari is important because it helps to ensure that justice is served by limiting the discretion of lower courts. In other words, certiorari prevents lower courts from ignoring relevant legal principles or disregarding precedents. It also ensures that the legal process is followed correctly by preventing lower courts from making arbitrary or unreasonable decisions.
Furthermore, certiorari helps to ensure that the legal process is fair by providing a way for parties who are not satisfied with the decisions of the lower courts to appeal to higher courts. By appealing to higher courts, parties can have their cases reviewed one more time in order to ensure that their rights are being protected.
Key Takeaways
In summary, certiorari is an important legal principle that helps to protect the rights of individuals by limiting the discretion of lower courts. By providing a way for parties to appeal to higher courts, certiorari ensures that the law is applied correctly and that justice is served. While the writ of certiorari is most often used in appeals, it can also be used to challenge the decision of a lower court if the facts or the law of the decision are in dispute.