Notes in 065: Certiorari

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Status	Last Update	Fields
Published	11/12/2024	Define "Certiorari."
Published	11/12/2024	What are the types of jurisdictional errors relevant in certiorari?
Published	11/12/2024	How and when is a petition for certiorari filed?A verified petition for certiorari must be filed within {{c1::60 days}} from notice of the {{c1::…
Published	11/12/2024	What are the "three essential dates" that must be stated in a petition for certiorari under Rule 65?Date {{c1::notice of judgment}} was received,Date …
Published	11/12/2024	When can judicial courtesy be abandoned?The principal case should proceed {{c1::unless a higher court issues a TRO or injunction}}. Judicial courtesy …
Published	11/12/2024	List the requisites for a petition for certiorari under Rule 65.{{c1::Exercise of judicial or quasi-judicial functions}},{{c1::Lack or excess of juris…
Published	11/12/2024	Can certiorari be a substitute for appeal?Generally, {{c1::no}}. Appeal and certiorari are {{c1::mutually exclusive}}; certiorari requires the {{c1::a…
Published	11/12/2024	What are exceptions where certiorari is allowed despite availability of appeal?Exceptions include: (WPNOI){{c1::public welfare}}, {{c1::public po…
Published	11/12/2024	Can the Court of Appeals receive new evidence in certiorari cases?
Published	11/12/2024	Does the Court of Tax Appeals (CTA) have jurisdiction over certiorari petitions in local tax cases?
Published	11/12/2024	What is the purpose of prohibition?
Published	11/12/2024	Against whom is prohibition directed?
Published	11/12/2024	When does prohibition apply?
Published	11/12/2024	What is the nature of prohibition?
Published	11/12/2024	How does prohibition differ from certiorari?
Published	11/12/2024	Does Rule 65 still apply even if the branch or instrumentality of the Government does not exercise judicial, quasi-judicial, or ministerial functions?
Published	11/12/2024	What is the general purpose of prohibition?
Published	11/12/2024	Is prohibition the proper remedy against quasi-legislative acts?
Published	11/12/2024	When does prohibition lie against an accomplished act?
Published	11/12/2024	Can prohibition be availed of against a fait accompli act?
Published	11/12/2024	In what situation might the Court resolve a moot issue under prohibition?
Published	11/12/2024	When is mandamus the proper remedy?
Published	11/12/2024	What is required for mandamus to compel performance of a duty?
Published	11/12/2024	What are the four requirements for mandamus to issue?
Published	11/12/2024	Do higher courts have exclusive jurisdiction over writs like mandamus?
Published	11/12/2024	What is the distinction between ministerial and discretionary power in mandamus?
Published	11/12/2024	Can mandamus enforce a right that is in substantial doubt?
Published	11/12/2024	When does mandamus not lie regarding disputes over positions?
Published	11/12/2024	Q: Can mandamus enforce contractual obligations?
Published	11/12/2024	Can mandamus compel an appointing authority to choose a specific person?
Published	11/12/2024	When petition for certiorari and prohibition is proper:{{c1::When appeal is not a speedy and adequate remedy.}}{{c1::When an order is issued…
Published	11/12/2024	What relief can be provided under Section 7 for expedited proceedings?
Published	11/12/2024	Does a petition under Section 7 (Injunctive Relief) halt the main case proceedings?
Published	11/12/2024	How does certiorari under Rule 45 differ from Rule 65?(Appeal v. Original action)
Published	11/12/2024	What types of orders do Rule 45 and Rule 65 address?
Published	11/12/2024	What issues do Rule 45 and Rule 65 raise?
Published	11/12/2024	What is the filing deadline for Rule 45 and 65
Published	11/12/2024	Is a motion for reconsideration required under Rule 45/65?
Published	11/12/2024	Does filing under Rule 45/65 stay the judgment?
Published	11/12/2024	Who are the parties in Rule 45 and Rule 65?
Published	11/12/2024	Where can Rule 45/65 petitions be filed?
Published	11/12/2024	When may the court deny a petition under Rule 45/65?
Status	Last Update	Fields