Certiorari

3 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  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]

From WordNet (r) 2.0 [wn]:

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

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  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.