certiorari

İngilizce - Türkçe

certiorari teriminin İngilizce Türkçe sözlükte anlamı: bir alt derecedeki mahkemenin gördüğü bir davanın dosyasının bir üst mahkemede incelenmek üzere celbini isteyen müzekkere; (isim) temyize başvuru yazısı; {i} temyize başvuru yazısı; (Kanun) temyiz başvuru müzekkeresi

İngilizce - İngilizce

certiorari teriminin İngilizce İngilizce sözlükte anlamı: A grant of review of a government action by a court with discretion to make such a review; A grant of the right of an appeal to be heard by an appellate court where that court has discretion to choose which appeals it will hear; A judicial process whereby a case is removed from a lower court to a higher court for review The record of the proceedings is transmitted to the higher court; {n} a kind of writ issued in chancery; {i} request for the record of a case (made by a high court to the lower court that previously reviewed the case); In law, a writ issued by a superior court for the reexamination of an action of a lower court. The writ of certiorari was originally a writ from England's Court of Queen's (King's) Bench to the judges of an inferior court; it was later expanded to include writs from the equity (chancery) courts. In the U.S., certiorari is the most common means by which cases from the United States Courts of Appeals are reviewed by the Supreme Court of the United States. For the Supreme Court to issue a writ of certiorari, at least four justices must agree to hear the case; A written order from an appellate court for the lower court to send the appeals court the records of a case; It is obtained upon complaint of a party that he has not received justice, or can not have an impartial trial in the inferior court; A writ issued by a higher court to a lower court asking the lower court to forward the record of a particular case in question; [Latin: to inform] Now called a 'quashing order' A writ of certiorari is a form of judicial review whereby a court is asked to consider a legal decision of an administrative tribunal, judicial office or organisation (e g government) and to decide if the decision has been regular and complete or if there has been an error of law For example, a certiorari may be used to wipe out a decision of an administrative tribunal which was made in violation of the rules of natural justice, such as a failure to give the person affected by the decision an opportunity to be heard A prerogative order since 1938, and since 1977 only available by way of Judicial Review; An original writ commanding judges or officers of inferior courts to certify or to return records of proceedings in a cause for judicial review See also, cross references 1 and 2; A procedure for removing a case from a lower court to a higher court for review; An order commanding judges or officers of a lower Court to certify the record of a case for judicial review by an appellate court; (writ of) - a form of judicial review whereby a court is asked to consider a legal decision and to decide if the decision has been regular and complete or if there has been an error of law; 1 Latin term meaning "to be informed of " a means of gaining appellate review; a common law writ, issued by a superior court to a lower court, commanding the latter to certify and return to the former a particular case record so that the higher court may inspect the proceedings for irregularities or errors; A writ of review issued by a higher court to a lower court A means of getting an appellate court to review a lower court's decision If an appellate court grants a writ of certiorari, it agrees to take the appeal (Sometimes referred to as "granting cert "); A writ issued by a higher court to a lower court asking the lower court to forward the record of a particular case in question (LE); A means of getting an appellate court to review a lower court's decision The loser of a case will often ask the appellate court to issue a writ of certiorari, which orders the lower court to convey the record of the case to the appellate court and to certify it as accurate and complete If an appellate court grants a writ of certiorari, it agrees to take the appeal This is often referred to as granting cert; Latin that means "to be informed of " Refers to the order a court issues so that it can review the decision and proceedings in a lower court and determine whether there were any irregularities When such an order is made, it is said that the court has granted certiorari; (ser'shi-o-ra'ri) - An order commanding judges or officers of a lower court to certify the record of a case for judicial review by an appellate court; a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case; A writ of certiorari is a form of judicial review whereby a court is asked to consider a legal decision of an administrative tribunal, judicial office or organization (eg government) and to decide if the decision has been regular and complete or if there has been an error of law For example, a certiorari may be used to wipe out a decision of an administrative tribunal which was made in violation of the rules of natural justice, such as a failure to give the person affected by the decision an opportunity to be heard; A writ issuing out of chancery, or a superior court, to call up the records of a inferior court, or remove a cause there depending, in order that the party may have more sure and speedy justice, or that errors and irregularities may be corrected; cert