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Legal Dictionary

Certiorari

Rule 65, Rules of Court

Certiorari is a special civil action used to correct acts done without jurisdiction, in excess of jurisdiction, or with grave abuse of discretion when there is no plain, speedy, and adequate remedy.

Study notes

Key points

Do not confuse Rule 65 certiorari with appeal.

The key phrase for review is grave abuse of discretion.

Always check whether another adequate remedy exists.

Legal Dictionary

Study distinction

An appeal generally corrects errors of judgment. Certiorari under Rule 65 addresses jurisdictional error or grave abuse of discretion.

  • Identify the act being challenged.
  • State why the error is jurisdictional or grave.
  • Explain the absence of another adequate remedy.

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