Certiorari \Cer`ti*o*ra"ri\, n. [So named from the emphatic word
certiorari in the Latin form of the writ, which read
certiorar volumus we wish to be certified.]
(Law)
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. 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.
Note: A certiorari is the correct process to remove the
proceedings of a court in which cases are tried in a
manner different from the course of the common law, as
of county commissioners. It is also used as an
auxiliary process in order to obtain a full return to
some other process. --Bouvier.
Source: Webster's Revised Unabridged Dictionary (1913) |