The term 'certiorari' is part of which legal action?

• A. Writ of Mandamus
• B. Writ of Certiorari
• C. Appeal in a civil case
• D. Habeas corpus petition

Answer: (B)

Certiorari is a writ used in appellate review to have the records of a lower court sent up for examination by a higher court. The term is specifically tied to the Writ of Certiorari, which is the mechanism by which a higher court selects and reviews lower court decisions. It is distinct from a writ of mandamus (which commands a government official to perform a duty), from habeas corpus (which challenges unlawful detention), and from a general civil appeal (which is a direct challenge to the judgment on its merits). In short, certiorari describes the procedure of bringing a lower court’s record to a higher court for review, making it the defining element of the Writ of Certiorari.