Certification in the United States
A request to a higher court by a lower court for guidance on a legal question relating to a pending case. Request for certification in the federal courts can come from either the U.S. court of appeals or the U.S. district court. The U.S. court of claims may also initiate such a request. This process allows lower courts to obtain clarification of key legal questions. Provisions of state law typically allow certification of questions within state courts. When the U.S. Supreme Court receives a certified question, it may offer specific instructions to the lower court. These instructions are binding. Otherwise, the Court may request forwarding of the entire record and make final judgment on the matter itself.
See Also
Appeal (Apellate Judicial Process); certiorari, 261.
Analysis and Relevance
Certification is a method by which the U.S. Supreme Court or state courts of last resort may review legal questions. This method of review differs from appeal or certiorari in that it is not initiated by the parties to a dispute but by the court having jurisdiction over the case. Because certification is a departure from usual procedures, it is seldom used.
Notes and References
- Definition of Certification from the American Law Dictionary, 1991, California
Certification Definition
In Scotch law. A notice to a party in a suit that, if he fail to do something, certain consequences will follow. Paterson, Comp.
Certification in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Certification | Certification in the World Legal Encyclopedia. |
| Certification | Certification in the European Legal Encyclopedia. |
| Certification | Certification in the Asian Legal Encyclopedia. |
| Certification | Certification in the UK Legal Encyclopedia. |
| Certification | Certification in the Australian Legal Encyclopedia. |
Browse the American Encyclopedia of Law for Certification
Scan Certification in the appropriate area of law:
| Link | Description |
|---|---|
| Certification | Certification in the Family Law Portal of the American Encyclopedia of Law. |
| Certification | Certification in the IP Portal of the American Encyclopedia of Law. |
| Certification | Certification in the Commercial Law Portal of the American Encyclopedia of Law. |
| Certification | Certification in the Criminal Law Portal of the American Encyclopedia of Law. |
| Certification | Certification in the Antritrust Portal of the American Encyclopedia of Law. |
| Certification | Certification in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Certification | Certification in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Certification | Certification in the Tax Law Portal of the American Encyclopedia of Law. |
| Certification | Certification in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Certification | Certification in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Certification | Certification in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Certification | Certification in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Certification in the Dictionaries | Certification in our legal dictionaries |
| http://lawi.us/certification | The URI of Certification (more about URIs) |
| Certification related entries | Find related entries of Certification |
Legal Issue for Attorneys
In Scotch law. A notice to a party in a suit that, if he fail to do something, certain consequences will follow. Paterson, Comp.
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Notice
This definition of Certification Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Certification
United States Constitution
According to theEncyclopedia of the American Constitution, about its article titled 379 CERTIFICATIONCertification may refer to a broad range of acts of government officials high and low: a clerk may certify the accuracy of a copy of a document; the Federal Power Commission may issue a certificate that a natural gas pipeline will serve “public convenience and necessity.” In federal
(read more about Constitutional law entries here).
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Certification by Churches and Tax Law
There are more details about Certification by Churches in thetax compilation of the legal Encyclopedia.
Certification in the context of Juvenile and Family Law
Definition ofCertification published by the National Council of Juvenile and Family Court Judges:Generaily used to refer to the process of transferring a minor’s case from the juvenile court to the adult court for trial. However, the tenn has widely varying meanings, and local state laws must be consulted for the particular meaning in that state.
Certification in Juvenile Law
In this context, Certification information is available through this American legal Encyclopedia.
Certification (merit selection) in relation to Public Officers
Find out in this American legal Encyclopedia the information on Certification (merit selection) in relation to Public Officers (and in the context of local government law).
Certification in relation to Public Officers
Certification in relation to Merit selection
In the context of Local and State goverment law and Certification, find out more detailed information about this topic in this American legal Encyclopedia.
Concept of Certification in Labor Law
In this context, a definition of Certification is offered here: Official designation by a labor board of a labor organization entitled to bargain an exclusive representative of employees in a certain unit.
Certification (Class Actions)
This section introduces, discusses and describes the basics of certification
. Then, cross references and a brief overview about Class Actions is provided. Finally, the subject of Civil Procedure in relation with certification is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
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