Writ of certiorari

Definition

A writ of certiorari is an order issued by a higher court to a lower court to review the records of a particular case. This legal mechanism plays a crucial role in the case selection process for the Supreme Court, as it determines which cases will be heard based on their significance and the need to resolve conflicting decisions in lower courts.

5 Must Know Facts For Your Next Test

1. The Supreme Court receives thousands of petitions for certiorari each term but grants only a small percentage, typically around 1% to 2%.
2. The Court often selects cases that involve important constitutional questions, conflicting decisions among lower courts, or significant public interest.
3. Once a writ of certiorari is granted, the Supreme Court has the authority to review the lower court's decision and issue a ruling that can set a legal precedent.
4. The issuance of a writ does not guarantee that the case will be decided in favor of one party; rather, it means that the Court will hear arguments from both sides.
5. The decision to grant or deny certiorari is made without oral argument and is often influenced by the justices' individual judicial philosophies and priorities.

Review Questions

• How does the Rule of Four influence the Supreme Court's ability to hear cases through writs of certiorari?
  • The Rule of Four is crucial because it establishes that at least four justices must agree to hear a case for a writ of certiorari to be granted. This rule ensures that even if there is no majority support among all nine justices, a minority can still push for important issues to be reviewed. This mechanism allows for a diverse range of cases to be heard, reflecting various judicial philosophies and concerns among the justices.
• Discuss the role of the Cert Pool in shaping the Supreme Court's case selection process through writs of certiorari.
  • The Cert Pool significantly streamlines the process by which the Supreme Court evaluates petitions for writs of certiorari. Law clerks working in the pool review incoming petitions and make recommendations on which cases should be taken up by the justices. This collaborative approach allows for efficient screening of cases, ensuring that only those with substantial legal implications or conflicting lower court rulings reach the justices for consideration.
• Evaluate the implications of the Supreme Court's decisions regarding writs of certiorari on the broader legal landscape and public policy.
  • The Supreme Court's decisions to grant or deny writs of certiorari can significantly influence public policy and legal standards across the nation. When the Court chooses to hear cases that address contentious issues, such as civil rights or federalism, its rulings can set binding precedents that shape future litigation and legislation. Conversely, when it denies certiorari, it can leave lower court rulings in place, which may perpetuate inconsistencies in law application across jurisdictions. This selective process underscores the Court's role in guiding legal interpretations and addressing critical societal questions.

Related terms

Rule of Four:

A principle stating that at least four justices of the Supreme Court must agree to grant a writ of certiorari for a case to be heard.

Cert Pool: A system where law clerks for Supreme Court justices share the workload by reviewing petitions for certiorari and making recommendations on which cases should be considered.

Appeal: A legal process through which a party seeks a higher court's review of a lower court's decision, often involving different procedures than those for obtaining a writ of certiorari.