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Monday, December 10, 2012

Certiorari - A Right For Writs Of Habeas Corpus

In every judicial department, well arranged and well organized, there should be a regular, progressive, gradation of jurisdiction; and one supreme tribunal should superintend and govern all the others.

An arrangement in this manner is proper for two reasons:
1. The supreme tribunal produces and preserves a uniformity of decision through the whole judicial system.
2. It confines and supports every inferior court within the limits of its just jurisdiction.

If no superintending tribunal of this nature were established, different courts might adopt different and even contradictory rules of decision; and the distractions, springing from these different and contradictory rules, would be without remedy and without end. Opposite determinations of the same question, in different courts, would be equally final and irreversible. - Associate Justice James Wilson

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