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certiorari    
n. 诉讼文件移送命令

诉讼文件移送命令

certiorari
n 1: a common law writ issued by a superior court to one of
inferior jurisdiction demanding the record of a particular
case [synonym: {certiorari}, {writ of certiorari}]

Certiorari \Cer`ti*o*ra"ri\, n. [So named from the emphatic word
certiorari in the Latin form of the writ, which read
certiorar volumus we wish to be certified.] (Law)
A writ issuing out of chancery, or a superior court, to call
up the records of a inferior court, or remove a cause there
depending, in order that the party may have more sure and
speedy justice, or that errors and irregularities may be
corrected. It is obtained upon complaint of a party that he
has not received justice, or can not have an impartial trial
in the inferior court.
[1913 Webster]

Note: A certiorari is the correct process to remove the
proceedings of a court in which cases are tried in a
manner different from the course of the common law, as
of county commissioners. It is also used as an
auxiliary process in order to obtain a full return to
some other process. --Bouvier.
[1913 Webster]

CERTIORARI, practice. 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. Bac. Ab. h.t.; 4 Vin. Ab. 330; Nels. Ab.
h.t.; Dane's Ab. Index, h.t.; 3 Penna. R. 24. A certiorari differs from a
writ of error. There is a distinction also between a hab. corp. and a
certiorari. The certiorari removes the cause; the hab. corp. only supersedes
the proceedings in below. 2 Lord Ray. 1102.
2. 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.
6 Wend. 564; 10 Pick. 358; 4 Halst. 209. 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. 5 Binn. 27; 1 Gill & John. 196; 2 Mass. R.
245; 11 Mass. R. 466; 2 Virg. Cas. 270; 3 Halst. 123; 3 Pick. 194 4 Hayw.
100; 2 Greenl. 165; 8 Greenl. 293. 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. 2 Binn. 250 2 Mass. 249; 7 Mass. 158;
8 Pick. 440 13 Pick. 195; 1 Overt. 131; 2 Overt. 109; 2 Pen. 1038; 8 Verm.
271 3 Ham. 383; 2 Caines, 179.
3. 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. 3 Dall. R. 413; 3 John. R. 23; 7 Cranch, R. 288;
2 South. R. 270, 551; 1 Blackf. R. 32; 9 Wheat. R. 526; 7 Halst. R. 85; 3
Dev. R. 117; 1 Dev. & Bat. 382; 11 Mass. 414; 2 Munf. R. 229; 2 Cowen, R.
38. Vide Bouv. Inst. Index, h.t.


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  • certiorari | Wex | US Law | LII Legal Information Institute
    Certiorari is generally associated with the writ that the Supreme Court of the United States issues to review a lower court's judgment A case cannot, as a matter of right, be appealed to the U S Supreme Court
  • Certiorari - Wikipedia
    In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency Certiorari comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review
  • What Is a Writ of Certiorari: Definition and Process
    A writ of certiorari is how cases reach the Supreme Court Learn what it means, how justices decide which cases to hear, and what the petition process involves
  • CERTIORARI Definition Meaning - Merriam-Webster
    The meaning of CERTIORARI is a writ of superior court to call up the records of an inferior court or a body acting in a quasi-judicial capacity How to use certiorari in a sentence
  • Certiorari | Definition Facts | Britannica
    Certiorari, in common-law jurisdictions, a writ issued by a superior court for the reexamination of an action of a lower court Certiorari also is issued by an appellate court to obtain information on a case pending before it
  • Writ of Certiorari: Meaning, Purpose, and Process - 2026
    Learn what a writ of certiorari means in law, how it works in appellate courts, and why the Supreme Court uses it to review lower rulings
  • What is a writ of certiorari? - attorneys. media
    A writ of certiorari is a formal request asking the United States Supreme Court to review a decision made by a lower court Often shortened to “cert,” this legal document represents one of the most important tools in the American judicial system, serving as the gateway for cases to reach the nation’s highest court
  • General Law - Part III, Title IV, Chapter 249, Section 4
    A civil action in the nature of certiorari to correct errors in proceedings which are not according to the course of the common law, which proceedings are not otherwise reviewable by motion or by appeal, may be brought in the supreme judicial or superior court or, if the matter involves any right, title or interest in land, or arises under or
  • Appeals vs. Certiorari: Two Very Different Paths Through Americas . . .
    Certiorari involves uncertain timing, discretionary review, and extremely long odds that affect how cases should be positioned and resources allocated The unpredictable nature of Supreme Court case selection makes strategic planning much more difficult
  • Writ Of Certiorari Explained: Meaning, Process, Criteria How It Works
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