What is a writ that allows a lower court to transfer a matter pending ...
Under this writ, the court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.
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What is a writ that allows a lower court to transfer a matter pending ...
The correct answer is option 'D', Certiorari.
Certiorari is a writ that allows a lower court to transfer a matter pending before it to a higher authority or court. It is a legal mechanism used to seek review of a case by a higher court. In Latin, "certiorari" means "to be informed" or "to be made more certain." This writ is typically issued by an appellate court, such as a supreme court, to review the decisions of lower courts.
Explanation:
Certiorari serves as a check on the lower courts, ensuring that they are applying the law correctly and consistently. It allows a higher court to review the legal issues and factual findings of a lower court and determine if any errors were made. The purpose of certiorari is to promote uniformity and consistency in the interpretation and application of the law.
When a party wishes to appeal a decision from a lower court, they file a petition for certiorari with the higher court. The petition must demonstrate that there are important legal questions at stake and that the lower court's decision was incorrect or unjust. The higher court then has the discretion to decide whether or not to grant the writ of certiorari.
If the higher court grants certiorari, it will review the lower court's decision and may either affirm, reverse, or modify it. The higher court may also remand the case back to the lower court for further proceedings. Not all cases are eligible for certiorari, as the higher court generally has limited resources and can only hear a select number of cases.
In summary, certiorari is a writ that allows a lower court to transfer a matter to a higher authority or court for review. It is an important mechanism in the legal system to ensure the correct interpretation and application of the law.
What is a writ that allows a lower court to transfer a matter pending ...
I think answer should be Prohibition and not Certiorari since case is pending before the court. Certiorari is used usually when the lower court has given a decision . Edurev please rectify your answer/Solution accordingly.