- published: 18 Jan 2015
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Certiorari (/ˌsɜrʃⁱəˈrɛəraɪ/, /-ˈrɛəri/, or /-ˈrɑri/) is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law, meaning an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review.
Certiorari ("to be more fully informed") is the present passive infinitive of the Latin certiorare ("to show, prove, or ascertain").
In Roman law, an action of certiorari was suggested in terms of reviewing a case—much as the term is applied today—although the term was also used in writing to indicate the need or duty to inform other parties of a court's ruling. It was a highly technical term appearing only in jurisprudential Latin, most frequently in the works of Ulpian.
The term "certiorari" is often found in Roman literature on law but applied in a philosophical rather than tangible manner when concerning the action of review of a case or aspects of a case. Essentially, it states that the case will be heard.