Question

What is the function of a petition for a writ of certiorari? Explain.

Answer 1

Certiorari is a Latin term that means "to be told about, or to be made certain of" This is also the name assigned to certain appeal proceedings for re-examination of a trial court's conduct, or lesser court of appeals. In the form of appeals the U.S. Supreme Court also uses the term certiorari. A petition that is filed with the Supreme Court by a losing party asking the Supreme Court to reconsider a lower court ruling. It contains a list of the parties, a summary of the facts of the case, the legal questions put to consideration and reasons as to why the writ should be issued by the Court.

One with a legal argument files a case in a court of justice, for example a U.S. District Trial, which collects testimony and decides the facts and regulations. Anyone who is disappointed with trial court's legal decision will file an appeal. Usually this appeal in the federal system will be to the U.S. Court of Appeals which has to consider and decide on all appeals properly filed. The Supreme Court is the highest federal court in the USA. Anyone who is unhappy with the Court of Appeal's decision may query the U.S. Supreme Court to review Court of Appeals ' ruling.

This appeal is called Certiorari's Writing Petition. The Supreme Court may deny taking the case. In fact, each year the Court receives thousands of "Cert Petitions," and rejects all but about a hundred. This issues a Writ of Certiorari if the Court recognizes the issue. Reviewing certiorari's writing is not a matter of law, but a judicial right. A petition can only be issued for valid reasons for the writing of certiorari.