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Simple English definitions for legal terms
Petition for certiorari
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A quick definition of Petition for certiorari:
A petition for certiorari is a request made to a higher court to review a decision made by a lower court. This type of petition is usually filed when there is a disagreement about an important legal issue, and the petitioner believes that the lower court made a mistake that needs to be corrected. The purpose of the petition is to prevent confusion in future cases that involve similar legal issues.
A more thorough explanation:
Definition: A petition that asks an appellate court to grant a writ of certiorari. This type of petition usually argues that a lower court has incorrectly decided an important question of law, and that the mistake should be fixed to prevent confusion in similar cases.
Example: A person who has been convicted of a crime may file a petition for certiorari if they believe that the lower court made a mistake in their case. For example, they may argue that the lower court incorrectly applied a law or that their constitutional rights were violated during the trial.
Explanation: The example illustrates how a person can use a petition for certiorari to challenge a lower court's decision. By filing this petition, they are asking a higher court to review the lower court's decision and correct any errors that were made. This can be an important tool for ensuring that justice is served and that the law is applied correctly.