Certiorari (United States)
Certiorari ([ sɜrʃiərɛəraɪ ] or [ sɜrʃiərɛəri ], from Latin certiorari (volumus) (we want to obtain) information ', short and cert ) referred to laws of the United States since the Judiciary Act of 1925 a step as a combination of the approval of an inserted appeal and the announcement of the devolution effect to the outside world. In this case, the appeal court issues a writ of certiorari .
The term goes back historically to the litigation of Ulpian and describes the procedural act with which a higher court ( iudex ad quem ) turns to a lower court ( iudex a quo ) to review its decision. Today the term is freely translated as “send the court file”, in the general sense that a superior court requests the trial file from a subordinate.
The introduction of a Certiorari is being discussed for the European Court of Justice .
literature
- Jack K. Levin: Certiorari . In: American Jurisprudence . 2nd Edition. tape 14 .
- Karl Oakes: Certiorari . In: Corpus Juris Secundum . tape 14 .
Individual evidence
- ↑ Supreme Court of the United States : 28 USC §§ 1254 ff.
- ↑ Petra Jeney: Victim of Its Own Success - the EU Court in Need of Reform . Ed .: eumap.org. 2002 ( eumap.org [accessed May 11, 2009]).
- ^ T. Kennedy: First Steps Towards a European Certiorari? In: European Law Review . 1993, p. 121-129 .
