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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 England, the Administrative Court (part of the Queen's Bench Division of the High Court of Justice) now issues "quashing orders" rather than writs of certiorari. [11] In the United States, the Supreme Court of the United States grants writs of certiorari "to review questions of law or to correct errors or excesses by lower courts". [12]
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.
A grant, vacate, remand (GVR) is a type of order issued by the Supreme Court of the United States in which the Court simultaneously grants a petition for certiorari, vacates the decision of the court below, and remands the case for further proceedings.
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 writ is usually issued to a state supreme court (including high courts of the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa), but is occasionally issued to a state's intermediate appellate court for cases where the state supreme court denied certiorari or review and ...