writ of certiori – exact definition

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  • #202391
    startupcfo
    Participant

    This is #741

    The QBANK states that a writ of certiori stems from a lower court, and is a lower court’s petition for the Supreme court to review a lower court’s decision.

    I don’t agree with that. My understanding is that a writ of certiori comes from the SUPREME COURT, and shows they decided to accomodate a lower court’s petition.

    Who’s right?

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  • #779399
    Anonymous
    Inactive

    Google FTW

    https://www.law.cornell.edu/wex/writ_of_certiorari
    A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certioari 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 pick most of the cases that it hears.

    https://definitions.uslegal.com/w/writ-of-certiorari/
    A writ of certiorari is an order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities. When a court issues a writ or certiorari it is referred to as “granting certiorari”, or ‘cert.' When the U.S. Supreme Court orders a lower court to transmit records for a case for which it will hear on appeal, it is done through a writ of certiorari. Certiorari is the common method for cases to be heard before the U.S. Supreme Court since it has specific jurisdiction over a very limited range of disputes.

    #779400
    red07
    Participant

    you're right!

    In Training
    #779401
    monikernc
    Participant

    the petition for a writ of certirioari is the initial request for the Supreme Court to hear the case. when the Supreme Court agrees they respond with the writ which is the request for the lower court's case records.

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    #779402
    startupcfo
    Participant

    So I guess studying is starting to pay off

    Next question: How do we report bugs like this to Jeff so he can modify his Qbank and textbooks?

    AUD - 93
    BEC - 87
    FAR - 77
    REG - 77
    ------------
    Corporate finance leader

    BEC - 87 | 02/28
    REG - 70 | 06/10, REMATCH | 08/30
    AUD - XX | 09/10
    FAR - XX | 12/10

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