Definitions for: Certiorari

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

Webster (1913) Definition: 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.

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.

Synonyms: writ of certiorari

See Also: judicial writ, writ

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