Appellate Practice
Certiorari
Certsur-shee-uh-RARE-ee
A discretionary appellate review, especially the U.S. Supreme Court's review of decisions from lower courts.
Plain-English definition
Certiorari (often shortened to 'cert') is the procedure by which an appellate court chooses which cases to review. The U.S. Supreme Court grants certiorari in roughly 1% of the petitions filed each term — about 70 to 80 cases out of 7,000+. Granted by the 'rule of four' — four of the nine justices voting yes.
More in Appellate Practice
Abuse of Discretion
A deferential appellate standard used when reviewing many trial-management and discretionary decisions.
Affirm
An appellate court's confirmation that the lower court's decision was correct and should stand.
Amicus Curiae
Latin: 'friend of the court.' A non-party who files a brief offering perspective or expertise on a legal question before the court.
Clear Error
A deferential standard for reviewing factual findings, reversed only when the appellate court is firmly convinced a mistake was made.
De Novo Review
An appellate standard where the reviewing court gives no deference to the lower court’s legal conclusion.
Dictum
A statement in a court opinion that is not necessary to the holding and therefore not binding precedent.
En Banc
French: 'on the bench.' A hearing or rehearing before all the judges of an appellate court rather than the usual three-judge panel.
Final Judgment Rule
The principle that appeals usually wait until the trial court has entered a final decision resolving the whole case.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.