What is a request from a higher court asking a lower court for the record of a case?

What is a request from a higher court asking a lower court for the record of a case?

• A. Appeal
• B. Writ of Certiorari
• C. Mandamus
• D. Habeas Corpus

Answer: (B)

A writ of certiorari is the mechanism by which a higher court asks a lower court to send up the record of a case so the higher court can review it. This tool is used when the higher court selects a case for review and needs the lower court’s file—the transcripts, filings, and other documents—to assess whether legal errors occurred in the decision. It’s different from an appeal, which is driven by a party seeking to overturn or modify a judgment; certiorari is an order to transmit the record for discretionary review by the higher court. Mandamus and habeas corpus serve other purposes (to compel a government official to act, or to challenge unlawful detention, respectively).

A writ of certiorari is the mechanism by which a higher court asks a lower court to send up the record of a case so the higher court can review it. This tool is used when the higher court selects a case for review and needs the lower court’s file—the transcripts, filings, and other documents—to assess whether legal errors occurred in the decision. It’s different from an appeal, which is driven by a party seeking to overturn or modify a judgment; certiorari is an order to transmit the record for discretionary review by the higher court. Mandamus and habeas corpus serve other purposes (to compel a government official to act, or to challenge unlawful detention, respectively).