Writs Flashcards

1
Q

Writ

A

Generic term for court order.
The term of an order that informs of a letter commanding that something be done(generic).

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2
Q

Writ of Certiorari (cert)

A

An order from a superior to an inferior court to send the entire record of the cast to the Supreme Court for review.

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3
Q

Writ of mandamus

A

A prohibition, ordering a lower court or public official to do or stop doing something

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4
Q

Writ of certification

A
  • 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
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5
Q

Writ of Habeas Corpus

A

A writ directing a person held in custody be brought before the court to determine if he or she is being held unlawfully

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6
Q

What does Habeas Corpus mean?

A

produce the body

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7
Q

Writ of error

A
  • 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
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8
Q

Who petitions a writ of cert? Who makes the decision to accept it and with how many?

A

Litigants must petition the court for a writ of cert
decision on the petition is made by rule of 4.

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9
Q

What is the rule of 4

A

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.

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