writ of review

writ of review
A writ which is substantially the common-law writ of certiorari and is denominated in the codes a "special proceeding." The return to the writ brings up the record of the inferior court, officer, of tribunal, not for the purpose of ascertaining an issue of' fact, but to determine whether or not the functions of the court, officer, or tribunal have been exercised erroneously, or that the jurisdiction employed has been exceeded. The only inquiry to be considered upon the return to the writ is a question of law, in the examination of which the parties are not entitled to a jury trial, thus taking the proceedings out of the reason usually assigned of excluding equitable jurisdiction. Hall v Dunn, 52 Or 475, 97 P 811.

Ballentine's law dictionary. . 1998.

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  • writ of certiorari — An order by the appellate court which is used by that court when it has discretion on whether or not to hear an appeal from a lower court. If the writ is denied, the court refuses to hear the appeal and, in effect, the judgment below stands… …   Black's law dictionary

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