Certiorari

Certiorari

Certiorari, in common law, writ or written command issued by a superior court to a lower court, or to a public officer or public board, having judicial authority that requires the record of the proceedings in a lower court to be sent to the superior court for review. The higher court studies the record while the case is still pending and decides whether or not the inferior court is acting in accordance with the law. Superior courts may use the writ in either criminal or civil cases to ensure speedier justice. They do not judge the proceedings according to their merits; they review only the legal aspects of the case, such as whether the lower court has jurisdiction to try the case. On the basis of its findings, the superior court may remove the action or proceedings to a higher court for trial. (1)

Certiorari

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See Also

• Writ of certiorari

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Notes and References

1. Encarta Online Encyclopedia

See Also