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."
A Writ of Certiorari is a legal document that is issued by a higher court, such as the Supreme Court, to review a case that has been appealed from a lower court. It is used to determine whether the lower court made any errors in its decision-making process or if there are any constitutional issues at stake. The Writ of Certiorari form is the official document that needs to be completed and filed to seek such a review. In order to understand the concept of Writ of Certiorari form better, let's delve into a few case laws where this legal document has been used. 1. Marbury v. Madison (1803): This landmark case in the United States established the power of judicial review, which is the authority of the courts to determine the constitutionality of laws or government actions. This case served as an important precedent for future Writ of Certiorari cases, as it showcased the power of the Supreme Court to issue such writs to review the decisions made by lower courts. 2. Brown v. Board of Education (1954): In this crucial case, the Supreme Court used the Writ of Certiorari form to review a lower court's decision that upheld racial segregation in public schools. The Court concluded that "separate but equal" educational facilities violated the Equal Protection Clause of the Fourteenth Amendment, marking a significant turning point in the battle against racial segregation. 3. Roe v. Wade (1973): The Supreme Court accepted the Writ of Certiorari in this case to review a Texas law that criminalized abortions. The Court's decision recognized a woman's constitutional right to privacy and established that this right included the decision to have an abortion. This case has been widely debated and has had a lasting impact on reproductive rights in the United States. Different types of Writ of Certiorari forms may exist depending on the jurisdiction and the specific rules of the court. However, the general purpose remains the same — to request a higher court to review a case. The specific sections and instructions on the form may vary, but they typically require information such as the parties involved, the lower court's decision being appealed, and the grounds for review. Overall, the Writ of Certiorari form serves as a crucial tool in the legal process, allowing parties to seek a higher court's review of a lower court's decision. Through case laws such as Marbury v. Madison, Brown v. Board of Education, and Roe v. Wade, we can see the significant impact and historical significance of this form in shaping the jurisprudence of the United States.
