Are You a Writ of Certiorari Expert?
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Questions and Answers

What is the purpose of a writ of certiorari?

  • To elevate an appeal to a superior court
  • To command a lower court to desist from further proceedings
  • To provide a remedy to the aggrieved party
  • To request a lower court to transmit records of a case for review (correct)
  • What is the difference between a writ of certiorari and a writ of prohibition?

  • Certiorari is used when no appeal or other remedy is available while prohibition is used when there is an appeal available
  • Certiorari is a positive remedy while prohibition is a negative remedy
  • There is no difference between the two
  • Certiorari is used to review a case while prohibition is used to stop further proceedings (correct)
  • Under what circumstances can a writ of prohibition be issued?

  • When a lower court has acted with grave abuse of discretion (correct)
  • When a lower court has already issued a judgment
  • When a lower court has acted without or in excess of its jurisdiction
  • When a lower court has failed to provide a remedy to the aggrieved party
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