Which of the following is NOT a characteristic of a writ of certiorari?

A writ of certiorari is a legal instrument that allows a higher court to review the decisions made by lower courts. This mechanism primarily functions to ensure that legal standards and precedents are adhered to across different jurisdictions. The correct answer, which identifies a characteristic that is not associated with a writ of certiorari, is that it requires lower courts to act.

In fact, a writ of certiorari does not mandate any action from lower courts in a prescriptive manner; rather, it is a request made by a higher court to review the records of a case from a lower court. This delineates the nature of certiorari as a tool for review rather than a directive, ensuring that the higher court’s role is to assess and evaluate rather than to compel action.

The other choices accurately reflect the true characteristics of a writ of certiorari. It is indeed used primarily by appellate courts to examine decisions, it allows for discretion in its issuance by the higher court, and it serves the essential function of reviewing lower court rulings without enforcing lower court actions.