Also known as: petition for certiorari · certiorari petition · certiorari petitions · cert petition · writ of certiorari
Written by attorneys · grounded in primary & secondary sources — see below
A formal request to the Supreme Court for discretionary review of a lower court judgment or decree. The request invokes the Court's appellate jurisdiction under statutes authorizing review by writ of certiorari in civil and criminal cases raising federal questions.
Pamela Phillips lost a contract dispute in the court of appeals after the trial court gave an erroneous jury instruction. She filed a petition for certiorari arguing the instruction affected her substantial rights. The Supreme Court examined the full record and affirmed because the error did not affect the parties' substantial rights under the governing statute.
Pablo Perez, a public official, obtained a large libel judgment against a newspaper in state court. The newspaper filed a petition for certiorari asserting First Amendment violations. The Supreme Court granted review to determine the constitutional standard applicable to criticism of official conduct.
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Pierce Patterson's environmental group challenged a nuclear licensing decision in the court of appeals. After losing, the group filed a petition for certiorari. The Supreme Court granted the petition to address the proper scope of judicial review of agency procedures.
Paula Pierce sued in Florida to invalidate a Delaware trust. After the state supreme court ruled against her, she filed a petition for certiorari. The Supreme Court granted review to decide whether the Florida court had jurisdiction over the nonresident trustee.
Philip Powell faced deportation after Congress vetoed his suspension of deportation. He filed a petition for certiorari after the court of appeals upheld the veto. The Supreme Court granted the petition to examine whether the legislative veto violated separation of powers.
Parker Phillips's company was convicted under a federal poultry code. After the court of appeals affirmed, the company filed a petition for certiorari. The Supreme Court granted review to decide whether Congress had unconstitutionally delegated legislative power.
The Supreme Court may review final judgments from the highest state court by writ of certiorari when a federal question is presented, including the validity of a federal treaty or statute or a claim of right under the Constitution or federal law. Jurisdiction exists unless the state judgment rests on an adequate and independent state ground that is clearly stated.
The Court exercises discretion and grants review primarily when a case presents an important question of federal law or conflicts with precedent. The Court examines the record on the merits without regard to harmless errors that do not affect substantial rights.
Congress may make exceptions and regulations to the Court's appellate jurisdiction, including repealing specific statutory routes to review, provided at least one avenue for federal judicial review of constitutional claims remains available.
The Court must give judgment after examining the record without regard to errors or defects that do not affect the substantial rights of the parties. An instructional or evidentiary error is disregarded if the record shows an independent basis for the verdict.
…402 U. S. 941 (1971). III It might have been preferable if the defendant, pursuant to our Rule 20, had presented to us a petition for certiorari before judgment in the Court of Appeals with respect to the granting of the plaintiffs' prayer for declaratory relief. Our decisions in Mitchell v. Donovan , 398 U. S. 427 (1970), and…