Learn what Certiorari means in common law

Mondo Military Updated on 2024-02-01

Certiorari is an Anglo-American term that translates to "writ of hearing; Orders for the transfer of litigation documents".

certiorariļ¼šat common law, an original writ or order issued by the chancery or king's bench, commanding officers of inferior courts to submit the record of a cause pending before them to give the party more certain and speedy justice.

The order of contrigument is also translated as "arraignment order". An administrative law remedy in Anglo-American countries. One of the writ of privilege. An order issued by a higher court with the power of supervision to a lower court or to an administrative organ with the power to decide on the rights and obligations of citizens and to act in accordance with the judicial means requesting that their judgments or rulings be transferred to the court with the power of supervision for review. It can also be used to refer a case to the High Court for review. The prototype was the king's order to report the matter to him. By issuing a writ of certioraries, the High Court of England examines whether an administrative decision or decision has exceeded its jurisdiction, or examines whether there is a prima facie error in the case on which the administrative decision or decision is based.

Through the trial, the court may revoke or annul the original administrative act. After the adoption of the Rules of the Supreme Court in 1977, it was okay. The relevant administrative organs are required to take new administrative acts in accordance with the spirit of the court's decision. In the United States, federal courts no longer use writ of certioraria to review administrative acts. Hearier writ has an important place in common law administrative law and is known as the cornerstone of judicial control.

Writ cases often involve different interpretations of federal law by different courts, for example, two federal appellate courts have conflicting interpretations of a law; There is a conflict between the federal appellate court and the state supreme court on the interpretation of a law; or that there is an inconsistency between the Federal Court of Appeal's interpretation of a particular law and a previous decision of the Federal Supreme Court.

Refer to bilingual example sentences:

in several cases, the courts h**e enforced human rights by issuing the writs of habeas corpus, certiorari, mandamus and prohibition.

In some cases, the courts have enforced human rights through the issuance of habeas corpus, writterials, execution orders and suspension orders.

on 23 april 2002, mr. gonzalez filed a writ of certiorari in the high court, challenging the refusal of the minister of home affairs to register him as a guyanese citizen.

On 23 April 2002, Mr. Gonzalez filed a writ of remembrance with the High Court to challenge the Minister of the Interior's refusal to register him as a citizen of Guyana.

on 9 may 2002, the high court of the supreme court of the judicature granted mr. gonzalez certiorari, and on 12 november 2003, it quashed the decision of the minister of home affairs to refuse to register mr. gonzalez as a citizen, which it considered to be , arbitrary, in breach of principles of natural justice, and based on irrelevant considerations.unreasonable

On 9 May 2002, the High Court of the Supreme Court of Justice granted Mr. Gonzalez's request for referral and, on 12 November 2003, annulled the decision of the Minister of the Interior to refuse to register Mr. Gonzalez as a citizen, which the Court found to be arbitrary, contrary to the principles of natural justice and based on irrelevant considerations.

when a politically appointed official is served with a writ, or receives a letter threatening civil proceedings in which he or she may be named as a party in relation to any matters arising out of his employment or official duties, he shall immediately inform the chief executive, the secretary for justice and the relevant principal official.

A political appointee** shall immediately notify the Chief Executive, the Secretary for Justice and the relevant principal** upon receipt of a writ or letter purporting to bring civil proceedings to which he or she is a party and the matter involved arises out of his or her profession or official duties.

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