Certiorari With Example In Hindi
Description
How to fill out Mississippi Petition For A Writ Of Certiorari?
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FAQ
Certiorari simply defined is a ?writ? by which a higher court (such as an appellate court) reviews some lower court's decision (such as a district court).
Writs of Certiorari The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.
One example where the Supreme Court granted a petition for writ of certiorari and heard a case was entitled Filarsky v. Delia. In this case, the Supreme Court had to determine whether qualified immunity extends to a lawyer who is working for the government but is not a government employee.
Writ of certiorari is issued by Supreme Court and high court to lower court or tribunals and as compared to other writ of Indian constitution it is distinctive writ and generally prerogative writ mentioned in Indian constitution.
In the literal sense, Certiorari means 'to be certified' or 'to be informed'. It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case.