Florida Motor Vehicles Code Section 322.31
Drivers' Licenses
Right of Review
"Final orders and rulings of the department wherein any person is denied a license, or where such license has been canceled, suspended, or revoked, shall be reviewable in the manner and within the time provided by the Florida Rules of Appellate Procedure only by a writ of certiorari issued by the circuit court in the county wherein such person shall reside, in the manner prescribed by the Florida Rules of Appellate Procedure, any provision in chapter 120 to the contrary notwithstanding."
Certiorari Form: A Detailed Description with Two Points Keywords: Certiorari form, legal document, appeal process, review, higher court Certiorari form is a legal document used in the appeal process to request review by a higher court. It allows individuals or parties to seek a review of a lower court's decision. The purpose of certiorari is to ensure that errors of law or procedure have not occurred during the trial or hearing, and to seek a fair resolution. Point 1: Traditional Certiorari Form The traditional certiorari form refers to a writ of certiorari, a formal order issued by a higher court, such as a Supreme Court, in response to a petition, granting review of a lower court's decision. This type of certiorari form is commonly used in common law jurisdictions. It allows the higher court to assess whether the lower court has correctly interpreted and applied the law, ensuring consistency and uniformity within the legal system. Point 2: Administrative Certiorari Form In addition to the traditional certiorari form, there is also the administrative certiorari form. This form is specifically used to seek review of administrative actions or decisions made by administrative bodies, agencies, or tribunals. It enables individuals or organizations to challenge the legality or fairness of administrative decisions, providing a mechanism for oversight and accountability in the administrative process. Administrative certiorari forms are often required to follow specific rules and procedures set forth by the jurisdiction to ensure proper jurisdictional and substantive grounds for review. In summary, the certiorari form is a crucial tool for individuals or parties seeking review by a higher court, ensuring legal errors are rectified and fair outcomes are achieved. The traditional certiorari form focuses on reviewing lower court decisions, while the administrative certiorari form allows individuals to challenge administrative actions or decisions. Both forms play a significant role in upholding justice and maintaining consistency in the legal system.
