What does a writ of certiorari do?

What does a writ of certiorari do?

• A. Recommends changes to a trial procedure
• B. Moves a case from a lower court to a higher court for review
• C. Grants bail to a defendant
• D. Issues a temporary restraining order

Answer: (B)

A writ of certiorari is a legal term referring to a higher court's order to review the decision of a lower court. This process is utilized when a higher court, typically an appellate court or the Supreme Court, decides to examine the records of a case from a lower court to determine if there were any legal errors that could have impacted the outcome of the case. This mechanism is crucial in the legal system as it ensures that significant legal questions can be reviewed and, if necessary, corrected. The higher court may choose to issue this writ if the case involves important constitutional issues, conflicting decisions among different lower courts, or other critical factors that warrant a review. In contrast, the other options describe different legal processes that do not pertain to the function of a writ of certiorari. Recommending changes to trial procedures involves administrative or legislative action, while granting bail pertains to the conditions under which a defendant can be released from custody. Issuing a temporary restraining order concerns stopping a party from an action until a full hearing occurs, which is also unrelated to the review process of cases by higher courts.

A writ of certiorari is a legal term referring to a higher court's order to review the decision of a lower court. This process is utilized when a higher court, typically an appellate court or the Supreme Court, decides to examine the records of a case from a lower court to determine if there were any legal errors that could have impacted the outcome of the case.

This mechanism is crucial in the legal system as it ensures that significant legal questions can be reviewed and, if necessary, corrected. The higher court may choose to issue this writ if the case involves important constitutional issues, conflicting decisions among different lower courts, or other critical factors that warrant a review.

In contrast, the other options describe different legal processes that do not pertain to the function of a writ of certiorari. Recommending changes to trial procedures involves administrative or legislative action, while granting bail pertains to the conditions under which a defendant can be released from custody. Issuing a temporary restraining order concerns stopping a party from an action until a full hearing occurs, which is also unrelated to the review process of cases by higher courts.