The spelling of "de certiorando" may seem confusing, but it can be broken down phonetically. The first syllable, "de," is pronounced like "day," and the second syllable, "cer," is pronounced like "sir." The third syllable, "ti," is pronounced like "tee," and the fourth syllable, "o," is pronounced like "oh." The final syllable, "ran," is pronounced like "ran" with a short "a" sound. Altogether, the IPA transcription for "de certiorando" is /deː sɛrtiː'orando/.
De Certiorando is a Latin legal term that translates to "requesting to be informed" in English. It refers to a remedy or legal process utilized in common law jurisdictions, particularly in England, to obtain a formal court order directing a lower court or other inferior tribunal to provide information or evidence about a specific matter.
The term is commonly used in the context of a higher court seeking clarification or additional details from a lower court in order to make a proper decision or judgment. The De Certiorando process allows an aggrieved party, usually the appellant or petitioner, to request the higher court to issue an order for the lower court to explain or justify its decision or action.
Typically, the application for De Certiorando is made by filing a petition or motion with the higher court, stating the grounds for requesting the information and outlining the specific details sought from the lower court. The higher court then evaluates the application and decides whether it is necessary to issue the order. If granted, the lower court is obliged to respond to the questions or requests made by the higher court.
De Certiorando is designed to ensure transparency and fairness in the legal process, allowing parties involved in a case to seek clarification or challenge a decision that they believe is unclear, erroneous, or based on incomplete information. It serves as a mechanism for higher courts to exercise their supervisory authority over lower courts, as well as maintain consistency and accuracy in the administration of justice.
The term de certiorando is derived from Latin. It is a gerundive of the verb certiorare, which means to inform or to make certain. The gerundive form indicates a necessity or obligation. In this case, de certiorando translates to concerning the necessity of being informed or regarding the obligation to be made certain.