What is a writ of certiorari?

Explore the US Judicial System. Study with flashcards and multiple-choice questions, each with hints and explanations. Prepare for your exam!

Multiple Choice

What is a writ of certiorari?

Explanation:
A writ of certiorari is an order from a higher court directing a lower court to send up the record of a case for review, used to obtain discretionary review by the Supreme Court. In practice, a party asks the Supreme Court to hear a case by filing a petition for certiorari, and the Court decides whether to grant it. If four or more justices agree to hear the case (the Rule of Four), the Court issues the writ and reviews the lower court’s decision on the merits. This process is about selecting which cases the Supreme Court will hear, not about halting proceedings or conducting a special type of hearing. It's not a command to stop proceedings—that function is served by stays or injunctions—nor is it a type of hearing or a motion to recuse a judge. The essence is that certiorari is the vehicle for requesting the Supreme Court’s review of a lower court decision.

A writ of certiorari is an order from a higher court directing a lower court to send up the record of a case for review, used to obtain discretionary review by the Supreme Court. In practice, a party asks the Supreme Court to hear a case by filing a petition for certiorari, and the Court decides whether to grant it. If four or more justices agree to hear the case (the Rule of Four), the Court issues the writ and reviews the lower court’s decision on the merits. This process is about selecting which cases the Supreme Court will hear, not about halting proceedings or conducting a special type of hearing.

It's not a command to stop proceedings—that function is served by stays or injunctions—nor is it a type of hearing or a motion to recuse a judge. The essence is that certiorari is the vehicle for requesting the Supreme Court’s review of a lower court decision.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy