libterm.com A writ of certiorari is an order issued by a higher court directing a lower court to send up the records of a case for review. This legal tool is commonly used by the U.S. Supreme Court to select cases that have significant constitutional or federal importance. Explore the article to understand how a writ of certiorari affects your legal proceedings.
Table of Comparison
| Feature | Writ of Certiorari | Writ of Prohibition |
|---|---|---|
| Purpose | To review and quash lower court decisions | To prevent lower courts from exceeding jurisdiction |
| Function | Corrects errors of jurisdiction or law | Prevents unauthorized or illegal actions |
| Issued by | Higher appellate courts/supreme courts | Higher courts/supreme courts |
| When Issued | After a lower court's decision | Before or during lower court proceedings |
| Effect | Quashes or sets aside lower court rulings | Stops lower courts from acting beyond powers |
| Legal Scope | Corrects final judgments or orders | Restrains ongoing or future jurisdictional acts |
| Nature | Appellate and corrective | Preventive and supervisory |
Introduction to Writs: Certiorari and Prohibition
The writ of certiorari serves to review and correct errors in lower court decisions by transferring cases to a higher court for examination. In contrast, the writ of prohibition prevents lower courts or tribunals from exceeding their jurisdiction or acting contrary to law. Both writs are crucial judicial remedies that safeguard legal boundaries and ensure proper administration of justice.
Defining Writ of Certiorari
The Writ of Certiorari is a judicial order issued by a higher court to review the decision and proceedings of a lower court to ensure legal correctness and prevent miscarriage of justice. It primarily functions as a supervisory tool to control jurisdictional errors or excesses by subordinate courts or tribunals. Unlike the Writ of Prohibition, which restrains a lower court from exceeding its jurisdiction, the Writ of Certiorari examines and potentially quashes an unlawful order already made.
Defining Writ of Prohibition
The Writ of Prohibition is a judicial order issued by a higher court directing a lower court or tribunal to cease proceedings in a case exceeding its jurisdiction or acting contrary to law. It serves as a preventive measure to restrict tribunals from overstepping their authority, maintaining the proper scope of judicial power. Unlike the Writ of Certiorari, which orders the review and correction of a lower court's decision, the Writ of Prohibition halts unlawful proceedings before they progress further.
Historical Background of Both Writs
The writ of certiorari originated in English common law as a tool for higher courts, particularly the King's Bench, to review and supervise the decisions of lower courts and administrative bodies, ensuring lawful authority and judicial consistency. The writ of prohibition also stems from English legal tradition, historically serving to prevent inferior courts or tribunals from exceeding their jurisdiction or acting contrary to the law. Both writs were integral to the development of judicial review mechanisms, establishing foundational principles for controlling lower court procedures and preventing jurisdictional overreach.
Key Differences Between Certiorari and Prohibition
The writ of certiorari is issued by a higher court to review the decision of a lower court or quasi-judicial body for errors of jurisdiction or due process, primarily to correct legal mistakes. In contrast, the writ of prohibition is directed at an inferior court or tribunal to prevent it from acting beyond its jurisdiction or exceeding its authority, effectively halting an impending illegal act. Certiorari focuses on reviewing and correcting past judicial actions, while prohibition aims to restrain future unlawful jurisdictional acts.
Jurisdiction and Legal Scope
The Writ of Certiorari is issued by higher courts to review and correct errors in the jurisdiction or legal procedures of lower courts, ensuring the lower court acted within its lawful authority. In contrast, the Writ of Prohibition prevents a lower court or tribunal from exceeding its jurisdictional limits, forbidding the continuation of proceedings that are outside its legal competence. Both writs serve as supervisory instruments, but Certiorari focuses on correcting past jurisdictional errors while Prohibition aims to restrain ongoing jurisdictional overreach.
Grounds for Issuance of Each Writ
The Writ of Certiorari is issued primarily to review and correct errors of jurisdiction or law made by lower courts or tribunals, ensuring that decisions comply with legal standards. The Writ of Prohibition is granted to prevent a lower court or body from acting beyond its jurisdiction or exercising authority not granted by law, effectively stopping illegal proceedings before they continue. Both writs serve as supervisory remedies but differ in that Certiorari corrects completed acts while Prohibition prevents anticipated judicial overreach.
Judicial Process and Procedure
A Writ of Certiorari is issued by a higher court to review and correct errors in the judicial proceedings of a lower court, ensuring proper application of law and procedure. A Writ of Prohibition serves as a preventive measure, directed at a lower court or tribunal to stop it from acting beyond its jurisdiction or violating established legal protocols. Both writs are crucial judicial remedies that uphold procedural integrity and the rule of law during litigation.
Landmark Cases Illustrating Both Writs
The Writ of Certiorari, demonstrated in Marbury v. Madison, empowers higher courts to review and correct lower court decisions, ensuring judicial oversight. Conversely, the Writ of Prohibition, as in the case of S.E.C. v. Chenery Corp., directs lower courts or tribunals to refrain from exceeding their jurisdiction, preserving legal boundaries. Landmark cases illustrate these writs as essential tools for maintaining the balance of judicial authority and procedural fairness in the legal system.
Practical Implications and Contemporary Relevance
Writ of Certiorari functions as a judicial tool allowing higher courts to review and correct errors in lower court decisions, essential in maintaining uniformity and fairness in the legal system. Writ of Prohibition serves to prevent lower courts or tribunals from exceeding their jurisdiction, ensuring adherence to legal boundaries and protecting against unauthorized judicial actions. Both writs remain crucial in contemporary law for safeguarding legal integrity and preventing miscarriages of justice in diverse jurisdictions worldwide.
Writ of Certiorari Infographic
