CERTIORARI - Lat. 'To be informed
of.' Refers to the order a court issues so that it
can review the decision and proceedings in a lower
court and determine whether there were any irregularities.
When such an order is made it is said that the court
has granted certiorari. Also called 'Cert.'
An order issued by the Supreme Court directing the
lower court to transmit records for a case for which
it will hear on appeal. Certiorari is the general
method most cases make their way to be heard by the
U.S. Supreme Court since it has specific jurisdiction
over a very limited range of disputes.
To be certified of; to be informed of. This is the
name of a writ issued from a superior court directed
to one of inferior jurisdiction, commanding the latter
to certify and return to the former the record in
the particular case. A certiorari differs from a writ
of error. There is a distinction also between a habeus
corpus and a certiorari. The certiorari removes the
cause; habeus corpus only supersedes the proceedings
below.
By the common law a supreme court has power to review
the proceedings of all inferior tribunals and to pass
upon their jurisdiction and decisions on questions
of law. But in general the determination of such inferior
courts on questions of fact are conclusive and cannot
be reversed on certiorari unless some statute confers
the power on such supreme court. When any error has
occurred in the proceedings of the court below different
from the course of the common law, in any stage of
the cause, either civil or criminal cases, the writ
of certiorari is the only remedy to correct such error,
unless some other statutory remedy has been given.
A certiorari, for example, is the correct process
to remove the proceedings of a court of sessions or
of county commissioners in laying out highways.
Sometimes the writ of certiorari is used as auxiliary
process in order to obtain a full return to some other
process. When, for example, the record of an inferior
court is brought before a superior court by appeal,
writ of error, or other lawful mode, and there is
a manifest defect, or a suggestion of diminution,
a certiorari is awarded requiring a perfect transcript
and all papers.
