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."
Title: Understanding the Writ of Certiorari Format: Types and Detailed Description Introduction: In the legal realm, the Writ of Certiorari holds significant importance. This article aims to explain the format of the Writ of Certiorari in detail, shedding light on its purpose, sections, and structure. Additionally, it explores different types of Writs of Certiorari that exist within the legal system. Keywords: writ of certiorari, format, types, detailed description. What is a Writ of Certiorari? A Writ of Certiorari is a legal instrument used to seek formal review of a case by a higher court. It empowers the higher court to inspect records of a lower court or administrative agency to determine if any errors have occurred during the trial or decision-making process. Format of a Writ of Certiorari: 1. Caption: The Writ of Certiorari begins with a caption that clearly states the name of the higher court issuing the writ, the parties involved, and the specific case or matter at hand. 2. Introduction and Jurisdiction: Following the caption, the writ should include an introductory paragraph that clearly states the purpose and intent of the document. This section should also establish the jurisdiction of the higher court over the lower court or administrative agency. 3. Statement of Facts: The Statement of Facts provides an objective and concise summary of the relevant factual information pertaining to the case. It should include essential details that shed light on the issues being appealed. 4. Question Presented: The Question Presented section articulates the legal questions or issues that the higher court is being asked to address and resolve. It should be written in a clear, concise, and direct manner, ensuring the reader fully grasps the core matters at hand. 5. Argument: The Argument part of the Writ of Certiorari presents the legal arguments and supporting evidence that justify why the higher court should grant the writ. This section should be thorough, logical, and persuasive, outlining the errors made by the lower court or administrative agency and demonstrating their significance. 6. Conclusion: The conclusion in the Writ of Certiorari summarizes the entire document, focusing on the desired outcome and call to action. It should be succinct and powerful, urging the higher court to grant the writ. Types of Writs of Certiorari: 1. Writ of Certiorari Before Judgment: This writ requests a higher court to review a case before a final judgment has been rendered by the lower court. It is typically utilized in situations where significant constitutional or legal issues need to be resolved promptly. 2. Writ of Certiorari After Judgment: This writ is used when a party wishes to appeal a lower court's decision and seeks the higher court's review after a final judgment has been rendered. 3. Writ of Certiorari to Review Decisions of Administrative Agencies: This writ allows a higher court to review an administrative agency's decision and determine if there was an abuse of discretion, error in law, or violation of constitutional rights. Conclusion: The Writ of Certiorari format entails specific sections that work together to present a compelling case to the higher court. By employing the appropriate format and including the necessary legal elements, practitioners can effectively convey their arguments and increase their chances of receiving a favorable review. Understanding the different types of Writs of Certiorari ensures that the most appropriate option is selected based on the circumstances.
