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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

The Local Water District (LWD) cancels AquaGen Utilities, Inc.'s operating license for alleged noncompliance with water-safety standards. The order states that no hearing was held and provides no written reasons for the cancellation. AquaGen files a petition for certiorari under Rule 65 with the Court of Appeals, challenging the LWD's order as grave abuse of discretion amounting to lack or excess of jurisdiction. The CA denies the petition. (a) Identify the central doctrine tested by this scenario and the controlling remedy. (b) Distinguish the remedy of certiorari from an ordinary civil action. (c) Apply the rule to determine whether AquaGen's petition for certiorari is proper and why.

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The central doctrine tested is due process deficiency; the remedy is mandamus to compel a hearing before any action; the petition for certiorari is improper. The central doctrine tested is finality of agency action; the remedy is motion for reconsideration or appeal; the petition for certiorari is improper. The central doctrine tested is grave abuse of discretion but not amounting to lack of jurisdiction; the remedy is civil action for review under Rule 43; the petition is improper. The central doctrine tested is grave abuse of discretion amounting to lack or excess of jurisdiction; the controlling remedy is certiorari under Rule 65; the petition is proper because the LWD order was issued without hearings and without reasons.

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