Writ Certiorari Court With Example

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State:
Florida
Control #:
FL-01998BG
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Word; 
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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.

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