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A petition for certiorari before judgment, in the Supreme Court of the United States, is a petition for a writ of certiorari in which the Supreme Court is asked to immediately review the decision of a United States District Court, without an appeal having been decided by a United States Court of Appeals, for the purpose of expediting the proceedings and obtaining a final decision.
The rule of four is a US Supreme Court practice that permits four of the nine justices to grant a writ of certiorari. It has the specific purpose to prevent a majority of the Court's members from controlling their docket. The rule of four is not required by the US Constitution, any law, or even the Court's own published rules.
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.
In this event the writ of certiorari is "dismissed as improvidently granted" (DIGged)—saying, in effect that the Court should not have accepted the case. As with the granting or denial of cert, this dismissal is usually issued without explanation, normally with a one-sentence per curiam decision if the Court already heard oral arguments. [30]
Likewise, the Yale Law Review, also published in 1892, examines Lau Ow Bew as an example of when a writ of certiorari might be used by the Supreme Court to hear a case (Foster, 101–103). Thus, the case proved important for interpreting the power given to the newly created Circuit Courts of Appeal under the Evart's Act.
Certification of a question of law to the United States Supreme Court is another way, in addition to the writ of certiorari, direct appeal, and original jurisdiction, by which cases can be brought to the docket of the Supreme Court. It is a very infrequent procedure, and has happened only five times over the past six decades.
The Supreme Court normally DIGs a case through a per curiam decision, [a] usually without giving reasons, [2] but rather issuing a one-line decision: "The writ of certiorari is dismissed as improvidently granted." However, justices sometimes file separate opinions, and the opinion of the Court may instead give reasons for the DIG.
Bahio amovendo, a writ to remove a bailiff from his office for want of sufficient land in his bailiwick. [1]Beaupleader [3]; Besayle is a writ directed to the sheriff, in case of an abatement or disseisin, to summon a jury to view the land in question, and to recognise whether the great grandfather died seised of the premises, and whether the demandant be his next heir.