What is the difference between an appeal and a writ of certiorari?

An appeal and a writ of certiorari are methods used in South Carolina appellate law to challenge a decision in court, but there are differences between the two. An appeal is the main type of case in the appellate court system; it requires a party to file an appeal with the court and the court then reviews the lower court’s decision. The appellate court will make a new ruling based on whether any errors were made or if the lower court’s ruling should be upheld. A writ of certiorari is less common and usually used when a party believes that the lower court has abused its discretion or acted outside their jurisdiction. It is a request that the appellate court review the case and determine whether the lower court’s decision should be overturned. It is important to note that a writ of certiorari does not guarantee that the case will be accepted by the appellate court; it is up to the court to decide whether or not they will grant the writ. Overall, an appeal is the main method used to challenge a ruling from the lower court, while a writ of certiorari is more circumstantial. Appeals are often used to review cases, while writs of certiorari are used to right wrongs. Both methods are necessary for the appellate court system to work.

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What is the difference between an appeal and a writ of certiorari?

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