Petition for Review Questions
What is a petition for review?A petition for review is similar to an appeal. It is a petition to review a case that has been decided by a court of law. The petition is usually made to a higher court to reconsider the decision of a lower court. The nature of petition or appeal is dependent on the type of case and the rules of the court in the jurisdiction of the case. Petition for review is also filed to contest the decisions of the boards of appeal. Its scope is limited to detect any fundamental procedural defect which might have been committed by the Legal or Technical Boards of Appeal. It cannot be used to question or obtain a review of the relevance of the applicable law in the case. The petition for review is a restricted form of judicial re-evaluation and it helps eliminate prejudice and offers a chance of a fair hearing to the appellant.
Listed below are a few questions answered by the Experts on a petition for review.
How can I file a petition for the guardianship of my mother who is losing her memory?If you are looking to file a petition on your own, you could visit the local law library and research information on how to file a petition for “conservatorship”. You should consider looking for a template of a complaint to refer to when you write your petition. You would also be required to appear for a hearing in this matter. Your mother has the option to contest your decision and obtain counsel to file against you. Since your mother is mentally ill, you could obtain at least two medical reports which would validate her physical condition. They should also mention that she is unable to make informed and competent decisions for herself. In most cases, the judge would ask to meet your mother in order to ascertain her said condition, before he/she grants and signs the order allowing you the rights over her affairs.
I sued the city for unconstitutionally interfering in the use of my real estate. The court dismissed my case and re-dismissed it once I restated it. How much time do I have to appeal the case, what is the cost to appeal and if I lose the appeal, am I liable to pay the city any damages such as attorney fees?In general, the time period within which you would need to file an appeal would be 30 days after the entry of the appealed judgment or order. The time to appeal begins from the date the judgment is entered on the district court docket. The cost of the appeal would include the docketing fee of $455 and petition for review fee of $450. Additionally, if you are using the services of an attorney, the cost is likely to be higher. Ordinarily, attorney fees are not taxable as costs against the losing party and neither can they be claimed directly as part of damages. However, if the appeal is ruled as “frivolous” the opposing party could claim attorney fees. Generally the party winning the appeal is entitled to recover appellate costs.
How do I file a petition for review to retrieve my driver’s license?The Department of Motor Vehicles (DMV) requires the form SR-22 from the insurance company along with a letter requesting for reinstatement of your license. Once you have complied with all the requirements and submitted all supporting documents, you would need to re-take the driver’s license test in order to get your license back. If the court does not reinstate your license, you would need to file a petition with the court and hire an attorney.
My petition for review was rejected by the Supreme Court of California. Can I file an appeal in federal court?The Supreme Court is the highest court in California. Since your case was taken up by the state courts, you are entitled to a single adjudication of the issue in the case. The federal court is unrelated to this and hence you cannot appeal there.
What is the procedure for filing an appeal in circuit court for denied employment?Once the Board issues its decision, the losing party could file an appeal with any circuit court in the state. The process has several steps starting with filing a notice to appeal, filing an appellate brief and appearing before a circuit judge for oral arguments. This could be a complicated process and the services of an employment lawyer would be useful and necessary. If you choose to represent yourself, you can get the forms from the local circuit court. The appellate brief needs to be specific and related to your case. A case law needs to be incorporated in order to support your claim. The oral arguments would take place after this in court in order for you to argue your legal position.
As the name suggests, the petition for review is a petition to reconsider a decision or judgment. It also helps to highlight a procedural error that may have been committed by the appeal judge or board and provides an opportunity for a fair trial leading to justice. To understand whether you can file a petition for review or know more about it, consult with an Expert now.