Certiorari Writ In

Category:
State:
Florida
Control #:
FL-01998BG
Format:
Word; 
Rich Text
Instant download

Description

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."


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FAQ

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.

The rule of four is a US Supreme Court practice that permits four of the nine justices to grant a writ of certiorari. It has the specific purpose to prevent a majority of the Court's members from controlling their docket.

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 ...

Writs of Certiorari This is a request that the Supreme Court order a lower court to send up the record of the case for review.

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Certiorari Writ In