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Writ Certiorari Court With Case Laws

Category:
Licenses - Driver
State:
Florida
Control #:
FL-01998BG
Format:
Word; 
Rich Text
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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

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.

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 ...

When the losing side in a case decided by a federal court of appeals (or a state's highest court) wants the Supreme Court to weigh in, it files a brief (known as a ?petition for certiorari? or a ?cert petition?) asking the justices to grant review, hear oral argument and eventually issue a decision on the merits of the ...

In the Supreme Court, if four Justices agree to review the case, then the Court will hear the case. This is referred to as "granting certiorari," often abbreviated as "cert." If four Justices do not agree to review the case, the Court will not hear the case.

Types of Petitions for Writ of Certiorari. There are four primary situations that these petitions are appropriate and effective: direct appeal in a federal case; petition to the state's highest court after a lower court denial; appeal from the highest state court in a state case; and post-Writ of Habeas Corpus.

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