Tennessee Certiorari

State:
Tennessee
Control #:
TN-SKU-0781
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Certiorari

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FAQ

A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.

The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it. The U.S. Supreme Court uses certiorari to select most of the cases it hears.

Certiorari simply defined is a ?writ? by which a higher court (such as an appellate court) reviews some lower court's decision (such as a district court). When a party loses in a court of law, often said party is allowed to appeal the decision to a higher court.

Writs of Certiorari The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.

The writ of certiorari may be granted whenever authorized by law, and also in all cases where an inferior tribunal, board, or officer exercising judicial functions has exceeded the jurisdiction conferred, or is acting illegally, when, in the judgment of the court, there is no other plain, speedy, or adequate remedy.

R. 10(c) (noting that the Court may grant certiorari in cases where ?a state court or a United States court of appeals has decided an important question of federal law that has not been, but should be, settled by the Court?).

Writs of Certiorari The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.

Decision Type. Declaration of Unconstitutionality. Disposition of Case. Unusual Disposition. Winning Party. Formal Alteration of Precedent.

More info

The primary means to petition the court for review is to ask it to grant a writ of certiorari. In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency.Certiorari, also referred to as a "writ of certiorari," is a legal term. It is derived from the Latin word certiorare, which means "to be fully informed. For a complete discussion of nearly every aspect of Supreme Court practice and procedure, including petitions for certiorari,. This manual cites to the Hearings and Appeals chapter or sections of the Administrative Code as. Unlike the ostensible right of ap the granting of the statutory writ is at the complete discretion of. Court. See citation below for complete author information. Petition for a Writ of Certiorari from Clarence Gideon. 1962. Print. Add to Favorites: Create a new folder and put document in it.

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Tennessee Certiorari