Court Reporter Practice Exam

Who has the authority to issue a writ of certiorari?

1. Local courts

2. The Supreme Court

3. State legislatures

4. The Attorney General

The correct answer is: The Supreme Court

The authority to issue a writ of certiorari is held by the Supreme Court. A writ of certiorari is a type of order by which a higher court reviews the decision of a lower court. Typically, the Supreme Court uses this writ to select the cases it wishes to hear, thus controlling its docket and the issues it addresses. This power is fundamental to the function of the Supreme Court as the highest court in the land, enabling it to ensure uniformity in the interpretation of laws and to address significant legal questions that affect broader implications for the justice system. The court issues this writ at its discretion, primarily for cases that involve important constitutional questions, conflicting decisions among lower courts, or matters of great public interest. In contrast, local courts do not have the authority to issue writs of certiorari; their jurisdiction is limited to the cases they hear within their own court systems. State legislatures are responsible for creating laws and governing at the state level, but they do not involve themselves in judicial review processes like issuing writs. Finally, while the Attorney General plays a critical role in representing the state in legal matters, they do not have the authority to issue a writ of certiorari either.