Certiorari is a Latin word that means “to be made certain.” In the context of the United States Supreme Court, certiorari is a writ that the Court issues to order a lower court to send up the record of a case for review. The Court grants certiorari only in a small number of cases, typically those that raise important legal issues or that involve a conflict between lower courts.
The process of granting certiorari begins when a party to a case files a petition for certiorari with the Supreme Court. The petition must explain why the Court should review the case and must include a copy of the lower court’s opinion. The Court then decides whether to grant or deny the petition.
If the Court grants the petition, the lower court’s record is sent up to the Supreme Court. The Court then hears oral arguments from the parties and considers the case. After oral arguments, the Court takes a vote on whether to affirm or reverse the lower court’s decision. The Court’s decision is announced in a written opinion.
Certiorari is a discretionary power of the Supreme Court. This means that the Court is not required to review every case that is appealed to it. The Court grants certiorari only in cases that it believes are important or that raise significant legal issues.
The Court’s decision to grant or deny certiorari is often based on the following factors:
- The importance of the legal issue raised in the case
- The conflict between lower courts on the issue
- Whether the case involves a federal question
- Whether the case is timely filed
- Whether the case is likely to be resolved favorably to the petitioner
The Court’s decision to grant or deny certiorari is not always predictable. Even cases that seem to raise important legal issues may be denied certiorari. This is because the Court has a limited number of cases that it can review each year.
The Supreme Court’s decision to grant or deny certiorari can have a significant impact on the outcome of a case. If the Court grants certiorari, the lower court’s decision is likely to be reversed. However, if the Court denies certiorari, the lower court’s decision stands.
The Supreme Court’s decision to grant or deny certiorari is also important because it can set precedent for future cases. When the Court grants certiorari, it is essentially saying that the issue raised in the case is important enough to be decided by the Court. This can have a significant impact on how lower courts decide similar cases in the future.
The Supreme Court’s decision to grant or deny certiorari is a complex process that is based on a number of factors. The Court’s decision can have a significant impact on the outcome of a case and on the development of the law.
Frequently Asked Questions
- What is certiorari?
Certiorari is a Latin word that means “to be made certain.” In the context of the United States Supreme Court, certiorari is a writ that the Court issues to order a lower court to send up the record of a case for review.
- How does the Supreme Court decide whether to grant certiorari?
The Supreme Court’s decision to grant or deny certiorari is discretionary. This means that the Court is not required to review every case that is appealed to it. The Court grants certiorari only in cases that it believes are important or that raise significant legal issues.
- What are the factors that the Supreme Court considers when deciding whether to grant certiorari?
The Supreme Court considers a number of factors when deciding whether to grant certiorari, including the importance of the legal issue raised in the case, the conflict between lower courts on the issue, whether the case involves a federal question, whether the case is timely filed, and whether the case is likely to be resolved favorably to the petitioner.
- What is the impact of the Supreme Court’s decision to grant or deny certiorari?
The Supreme Court’s decision to grant or deny certiorari can have a significant impact on the outcome of a case. If the Court grants certiorari, the lower court’s decision is likely to be reversed. However, if the Court denies certiorari, the lower court’s decision stands.
- What is the importance of the Supreme Court’s decision to grant or deny certiorari?
The Supreme Court’s decision to grant or deny certiorari is also important because it can set precedent for future cases. When the Court grants certiorari, it is essentially saying that the issue raised in the case is important enough to be decided by the Court. This can have a significant impact on how lower courts decide similar cases in the future.