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

An appeal and a writ of certiorari are both tools used to challenge a lower court’s ruling; however, there is a distinct difference between the two. An appeal is a formal process where a party can ask a court to review an earlier decision and potentially modify or reverse it. In Kansas, appeals most often take place in the state’s Appellate Courts, which serve as an intermediate level of review between the trial level and the Kansas Supreme Court. A writ of certiorari, on the other hand, is a request to a higher court to review a lower court’s decision. It is the most common way for a case to reach the Kansas Supreme Court. For instance, if a defendant is convicted at the trial court level, they can appeal to the Appellate Court, and if the Appellate Court affirms that conviction, the defendant would then be able to file a writ of certiorari to the Kansas Supreme Court. The Supreme Court may then choose to hear the case and rule on the issue. In short, an appeal is the process used to challenge a decision from a lower court, while a writ of certiorari is the request to a higher court to review the decision. The two tools are used to challenge the decisions of lower courts and maintain fairness in the judicial system.

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

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