Certiorari in United Kingdom

Definition of Certiorari

In accordance with the work A Dictionary of Law, this is a description of Certiorari :

(Latin: to be informed)

See quashing order.

Certiorari in Legal Latin

Meaning of the latin term “Certiorari” from the University of Kent: ‘To be informed’

Meaning of Certiorari

The following is an old definition of Certiorari [1]: L. To be certified. A writ by which the record of a proceeding in a lower court is removed into a higher court for review. The emphatic word in the Latin writ, which read: quia certis de causis certiorari volumus, tor as much as concerning certain causes we wish to be certified. From certior, the comparative of certus, known, established. See Certum. After indictment found, a writ of certiorari facias [that you cause to be certified] maybe had to certify and remove the indictment, with all the proceedings thereon, from any inferior court of criminal jurisdiction into the court of king’s bench. The writ, at common law, issued out of chancery or the king’s bench, directed, in the king’s name, to the judges or officers of the inferior courts, commanding them to return, before him, the record of a cause depending before them, that the party may have more sure and speedy justice or such other justice as he shall assign to determine the cause. The writ has been extended, and the practice under it regulated, by statutes in each State. Speaking generally, it is employed for removing statutory proceedings for completion, when the lower court fails to do so; it serves as an auxiliary process to obtain a full return to other process; it effects a review of the determinations of special tribunals, commissioners, and magistrates; it secures an inspection of the record where a writ of habeas corpus has been su out. Unless a statute directs otherwise, or palpable injustice will be done, it does not lie to review a decision based on a matter of fact, nor as to a matter resting in discretion; nor does it lie for an error in formality, substantial justice being dispensed. The application for the writ must disclose a proper case upon its face. The plaintiff may have to furnish security for the demand, with interest and costs, before the writ will operate as a supersedeas, see, in this resource, the term The judgment is that the proceedings be quashed or affirmed, in whole or in part. At common law neither party recovered costs. At common law, also, the writ was granted to a prosecutor as a matter of right, and to a defendant as a matter in discretion. Will not, in general, be issued where the party has another remedy, as by appeal. Bill of certiorari. An original bill, in equity, to remove a cause into a higher court. States the proceedings in the lower court, the incompetency in the powers of such court to do complete justice, etc. Rarely used in the United States.

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Notes and References

1. Concept of Certiorari provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

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See Also

• Legal Latin Maxims
• Legal Latin Quotes
• Legal Latin Dictionary