Certiorari

Term from Judicial Services industry explained for recruiters

Certiorari is a common legal term that refers to a type of court review process. In simple terms, it's when a higher court agrees to review a lower court's decision. The most well-known example is when the Supreme Court "grants cert" to review cases from lower courts. For legal professionals, working with certiorari petitions is an important skill, especially in appellate law practice. This process is similar to an appeal but is more selective since the higher court chooses which cases to review. When you see this term on a resume, it usually indicates experience with higher-level court procedures and appellate work.

Examples in Resumes

Drafted and filed Certiorari petitions to the Supreme Court

Assisted in preparation of Cert petitions for state appellate courts

Successfully argued against Certiorari in multiple cases before state supreme court

Typical job title: "Appellate Attorneys"

Also try searching for:

Appellate Lawyer Supreme Court Practitioner Legal Writer Judicial Clerk Appellate Law Specialist Constitutional Lawyer

Example Interview Questions

Senior Level Questions

Q: Can you explain your experience managing complex certiorari petitions?

Expected Answer: A senior attorney should discuss their track record in selecting cases for certiorari, success rate in getting cases accepted for review, and experience managing multiple petitions simultaneously. They should also mention their approach to identifying cases worthy of higher court review.

Q: How do you determine whether a case is suitable for seeking certiorari?

Expected Answer: Should explain the process of evaluating cases for cert-worthiness, including looking at circuit splits, national importance of the issue, and conflicts with Supreme Court precedent. Should demonstrate strategic thinking in case selection.

Mid Level Questions

Q: What are the key components of a successful certiorari petition?

Expected Answer: Should be able to outline the basic structure of a cert petition, including question presented, statement of the case, and reasons for granting the petition. Should understand formatting requirements and timing deadlines.

Q: How do you research similar certiorari petitions for reference?

Expected Answer: Should explain their approach to finding and analyzing successful cert petitions in similar cases, using legal databases, and staying current with which issues the courts are accepting for review.

Junior Level Questions

Q: What is the difference between an appeal and a petition for certiorari?

Expected Answer: Should explain that appeals are often matters of right, while certiorari is discretionary review by the higher court. Should understand basic procedural differences.

Q: What are the basic timeline requirements for filing a cert petition?

Expected Answer: Should know standard deadlines for filing cert petitions in various courts and understand basic procedural requirements for submission.

Experience Level Indicators

Junior (0-2 years)

  • Basic legal research and writing
  • Understanding court procedures
  • Assisting with petition drafting
  • Case law research

Mid (2-5 years)

  • Independent petition drafting
  • Case evaluation
  • procedural requirement management
  • Brief writing

Senior (5+ years)

  • Strategic case selection
  • Complex petition management
  • Oral argument preparation
  • Supervising junior attorneys

Red Flags to Watch For

  • No experience with legal research tools
  • Poor writing skills or attention to detail
  • Lack of understanding of court hierarchies
  • No experience with appellate procedures