Writs Flashcards
Writ
Generic term for court order.
The term of an order that informs of a letter commanding that something be done(generic).
Writ of Certiorari (cert)
An order from a superior to an inferior court to send the entire record of the cast to the Supreme Court for review.
Writ of mandamus
A prohibition, ordering a lower court or public official to do or stop doing something
Writ of certification
- Congress also provides that the appellate court may submit a writ of certification to the USSC requesting the Justices clarify a certain a point to the lower court
Writ of Habeas Corpus
A writ directing a person held in custody be brought before the court to determine if he or she is being held unlawfully
What does Habeas Corpus mean?
produce the body
Writ of error
- a method of appeal by which an appellate court orders a lower court to send a case to the higher court for review of alleged mistakes made by the lower courts.
- not all facts reviewed.
- U.S. Supreme court no longer employs this appeal method
Who petitions a writ of cert? Who makes the decision to accept it and with how many?
Litigants must petition the court for a writ of cert
decision on the petition is made by rule of 4.
What is the rule of 4
4 out of 9 justices must decide to grant the petition, and then the Supreme Court will write the writ of cert to the lower court.