Writ Certiorari Court With Example

Category:
State:
Florida
Control #:
FL-01998BG
Format:
Word; 
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Description

The Writ of Certiorari form is a legal document used to request a higher court's review of a lower court's decision. It is specifically utilized in the context of reviewing administrative decisions, such as those made by the Department of Highway Safety and Motor Vehicles regarding driver's license suspensions. For example, a petitioner may file this writ to contest the administrative suspension of their driver’s license, citing jurisdictional grounds and the need for due process. Key features of the form include sections for jurisdiction, a statement of facts, the nature of relief sought, and supporting legal arguments. Filling out the form requires clear articulation of the facts and arguments related to the case, as well as adherence to specific rules outlined by the Florida Rules of Appellate Procedure. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in administrative law or representing clients whose driving privileges have been challenged. The clarity and structured format of the form facilitate ease of use for individuals with varying levels of legal expertise.
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FAQ

One example where the Supreme Court granted a petition for writ of certiorari and heard a case was entitled Filarsky v. Delia. In this case, the Supreme Court had to determine whether qualified immunity extends to a lawyer who is working for the government but is not a government employee.

Writs of Certiorari The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.

If the full Court acts on an application, five Justices must agree in order for the Court to grant a stay, but the votes of only four Justices are required to grant certiorari.

For example, in a petition for writ of certiorari, a common statement here would be to have a section heading called ?Petition for Writ of Certiorari? and then a short paragraph stating ?petitioner XYZ requests that this court issue a writ of certiorari to reverse and remand the decisions below.? This is not a place ...

A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.

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Writ Certiorari Court With Example