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Sentence Examples But at page 253 Justice Sheller proposed an order making absolute the order nisi for certiorari. Under the rule of four, the petition for a writ of certiorari will be granted. Even more pressingly, the certiorari jurisdiction can be exercised in cases of error of law on the part of the inferior tribunal. In September 2004, the applicant filed an application in the High Court for the constitutional writs of certiorari and mandamus. If a lower court commits a factual or legal error, the Supreme Court will not grant a writ of certiorari simply to review that error. The applicant commenced proceedings in this Court for writs of mandamus, certiorari and injunctions. Certainly, insofar as the order nisi seeks writs of mandamus and certiorari, it is outside of the time limit. The old judicial review remedies of certiorari, mandamus and prohibition were never applied to charitable trusts as such. Well, your Honour, the orders that are sought are writs of mandamus and certiorari in this matter. They want the Supreme Court to overturn the decision and have submitted a petition for a writ of certiorari. The Delegation very much doubted that the Supreme Court would take the matter up as certiorari. Considering the huge volume of such petitions and other factors, denial of certiorari has no substantive significance. That's speculation, but guesswork is all we have in the face of the Supreme Court's well-guarded secrecy regarding its certiorari orders. On certiorari the court does not delve into the merits of the case, but questions the jurisdictional and procedural aspects of the decision. On October 4, 2010, NPC filed its petition for a writ of certiorari with the US Supreme Court. The Court may direct the issue of such process as may be necessary for doing complete justice in any matter including writs of prohibition, certiorari and mandamus. I am just suggesting that there was minor error in the way that I have worded it, because I have never made out a writ of certiorari and prohibition. The Court of Appeal granted certiorari to quash the council's decision since the section required reasons to be given at the same time as the decision was communicated. The new proceeding seeks a writ of prohibition and of certiorari. While certiorari quashes something already done erroneously, prohibition seeks to prevent an error from either occurring or continuing. Show More Sentences If the trial court is not a superior court, the party can seek to review a ruling by way of an application for certiorari. Under rule 98.01, the Supreme Court may grant a declaration in the nature of certiorari or mandamus. The State Public Defender petitioned for a writ of certiorari, challenging the juvenile court's authority to grant recovery on the basis of quantum meruit. The appellate process usually begins when an appellate court grants a party's petition for review or petition for certiorari. Largely less interested in constitutional questions and unwilling to politicize the judiciary, Nelson voted in conference to reject certiorari in the famous Dred Scott case. The Court itself selects the overwhelming majority of its docket by means of the writ of certiorari, a legal order directing a lower court to send up a complete record of the case below for review. The appeals court affirmed, and the United States Supreme Court denied certiorari. The Supreme Court accepts cases only if four or more Justices agree to grant a writ of certiorari. The Supreme Court has exclusive jurisdiction to issue the prerogative orders of habeas corpus, mandamus, prohibition, quo warranto and certiorari. Executive and administrative action can also be challenged by way of prerogative writs such as certiorari, mandamus, prohibition, quo warranto and habeas corpus which are also available to any aggrieved person. His representatives admitted in the writ of certiorari, which they filled before the Supreme Court of the United States that the author himself asked to be taken to the US embassy. Through the Judiciary Act of 1925, Congress simultaneously expanded the Court's certiorari jurisdiction, giving it much greater power to control the volume of its business. If a new statutory avenue is established for decisions emanating from superior courts, should the provincial court decisions be left with certiorari or integrated into the new statutory appeal regime? The respondent may, but is not required to, file a brief opposing the petition, arguing that the Court should not grant certiorari, and the petitioner is permitted to file a response to that reply brief. For some purposes, the remedial scope of certiorari has been expanded. The Honorable Peter J. Messitte, U. S. District Judge in the District of Maryland, demystifies the writ of certiorari, the legal device by which the Supreme Court chooses the appeals it will hear in a given term. If pardon was not pled, the House of Lords issued a writ of certiorari commanding the King's Bench Court to send the case up to it. The most common of the other such prerogative writs are habeas corpus, quo warranto, prohibito, mandamus, procedendo, and certiorari. The Court controls almost all of its business by choosing what cases to consider, writs of certiorari. This is called petitioning for a writ of certiorari, and the Supreme Court may choose, in its sole discretion, to review any lower court ruling. Show More Sentences If the tribunal does state its reasons, and those reasons are wrong in law, certiorari lies to quash the decision. The Supreme Court granted certiorari in October and agreed to decide the issue. That is because the Court's rules allow a disappointed litigant to file a petition for rehearing of the denial of certiorari. It is generally an appellate court that operates under discretionary review, which means that the Court can choose which cases to hear, by granting writs of certiorari. Each Supreme Court justice hires several law Clerks to review petitions for writ of certiorari, research them, prepare bench memorandums, and draft opinions. It should be noted, however, that the Rhenquist Court passed up such an opportunity in its 1997 denial of certiorari in In re Grand Jury Subpoena Duces Tecum. Obtaining certiorari always has been difficult, and now it is even harder. Examples from Classical Literature No informations are to be quashed for informality, or to be removed by certiorari into the Court of Queen's Bench. But we need not go further into the rather technical question of the scope of certiorari in this kind of case. Its original jurisdiction consists in issuing writs of mandamus, certiorari, prohibition, and habeas corpus. The obvious resource, therefore, was to obtain a writ of certiorari removing our indictment to the superior court. Under certain conditions, if the defendant's hardship could be definitely shown, a writ of certiorari and supersedeas might issue. An appeal from the jurisdiction of the courts lies by way of certiorari. The Supreme Court denied certiorari in Murphy II, in which the DC Circuit held that a tax on an award of damages for nonphysical injuries under Sec. Find more words! 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Use our Sentence Generator Nearby Words certifying certify certifies certifier Certified certified certitude certitudes certs cerulean ceruloplasmin cerumen 10-letter Words Starting With c ce cer cert certi certio certior certiora certiorar