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."
The Writ of Certiorari and Prohibition are legal remedies that serve distinct purposes in the realm of law. They allow parties involved in a legal case to seek review, clarification, or corrective action from a higher court. Both writs are commonly used in the common law system and play crucial roles in ensuring justice and fairness in legal proceedings. The Writ of Certiorari grants a higher court the authority to review the judgment or decision of a lower court. It is typically sought when a party believes that an error in the application or interpretation of the law has occurred, which may have influenced the outcome of the case. The higher court, in this process, determines whether the lower court correctly applied the law and may reverse, modify, or confirm the decision accordingly. On the other hand, the Writ of Prohibition is employed to prevent an inferior court or tribunal from exceeding its jurisdiction or acting outside the scope of its authority. If a party believes that the lower court is about to undertake an action that is beyond its legal boundaries or a violation of the law, they can petition a higher court to issue a Writ of Prohibition. This ensures that the lower court does not proceed with an action that may cause harm or injustice. It's important to note that both writs are discretionary, meaning the higher court has the choice to accept or deny the request for review. The Supreme Court, for example, grants a Writ of Certiorari only in selected cases that have national significance, a conflict in legal interpretation, or to resolve significant constitutional questions. This helps the court manage its caseload effectively. In the US legal system, the Writ of Certiorari is most commonly used to appeal decisions from federal circuit courts, while the Writ of Prohibition is employed to challenge judgments rendered by inferior courts or specialized tribunals. Other countries may have variations of these writs tailored to their respective legal frameworks. In summary, the Writ of Certiorari and Prohibition are essential tools for seeking review and maintaining the proper administration of justice. While the Writ of Certiorari allows for scrutiny of lower court decisions, the Writ of Prohibition acts as a preventive measure to halt any unauthorized actions. Being familiar with these writs and their applications is crucial for anyone involved in legal matters, as they can significantly impact the outcome of a case.
