What is a writ of certiorari?

A writ of certiorari is a type of writ, or legal order, issued by a court to review its own judgment or the judgment of a lower court. In general, a writ of certiorari is used when an appellate court, such as the Supreme Court, wishes to review the decision of a lower court, such as the court of appeals. The writ is issued in order for the appellate court to determine whether the decision of the lower court was correct. In California, the Supreme Court’s writ of certiorari jurisdiction is set out in the California Code of Civil Procedure. For example, the Supreme Court may issue a writ of certiorari if it believes that a lower court erred in deciding a legal issue. In this case, the Supreme Court would review the lower court’s decision, and either affirm, reverse, or remand it. Affirming the decision means that the appellate court agrees with the lower court’s decision, reversing it means that the appellate court believes that the lower court erred, and remanding it back to the lower court means that the appellate court believes that more evidence or argument is needed to decide the issue. The writ of certiorari is also used as a tool for judicial review. If a party believes that the decision of a lower court was wrong, they may apply for a writ of certiorari in order to have the case reviewed by the Supreme Court. This review process can be an important way for parties to challenge the decisions of lower courts.

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