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How to fill out Discretionary Review

1. Obtain the Discretionary Review application form from the appropriate authority.
2. Carefully read the instructions provided with the form.
3. Provide your personal information, including name, address, and contact details.
4. Specify the decision or action you seek to have reviewed.
5. Include a detailed explanation of the reasons for your request.
6. Attach any supporting documentation that may strengthen your case.
7. Review the completed form for accuracy and completeness.
8. Submit the form by the required deadline, either online or via mail.

Who needs Discretionary Review?

1. Individuals or organizations dissatisfied with a decision made by a regulatory body.
2. Those seeking a reconsideration of planning or zoning decisions.
3. Applicants whose requests for permits or licenses have been denied.
4. Any party affected by a decision that has significant consequences.

People Also Ask about

What is a discretionary decision?

Discretionary decision making means making decisions based on reason and judgement, rather than just on pre-determined criteria. Where the authority for making a decision comes from legislation or an internal procedure, it is common for the source of authority to provide criteria in relation to the decision.

What is a discretionary review?

However, if an appellate court exists in a mandatory jurisdiction, it is required to review cases from lower courts regardless of the nature of the case. Discretionary review gives courts the power to control their caseloads.

What is a discretionary hearing?

A discretionary appeal refers to an appellate court's discretion to decide whether it chooses to accept a party's appeal from a lower court decision. Typically for a discretionary appeal, the appellate party must file a writ of certiorari with the appellate court.

What is a discretionary matter?

Discretionary acts are not governed by regulations, but rather by persons in roles of authority who judge each specific case, which means an act (such as review by the court of a particular matter) is at the free choice or judgment of the court. [Last reviewed in October of 2022 by the Wex Definitions Team]

What does the Supreme Court is a court with the power of discretionary review mean?

Definition of discretionary review The Supreme Court receives thousands of petitions each year, but only selects a small number of cases to review. The Court uses its discretion to choose cases that have the potential to impact the law or have widespread implications.

What is the difference between mandatory and discretionary review?

Discretionary review is a type of appellate review that is not guaranteed, but rather granted at the discretion of the higher court. It occurs when the appellate court decides to review a lower court's decision, but only if it deems the case to be of significant importance or interest.

What is an example of a discretionary decision making?

Real-World Examples of Discretionary Decision Making A judge choosing a more rehabilitative rather than punitive sentence for a first-time offender based on their background and the nature of the crime. Regulatory bodies determining the severity of penalties for violations based on the intent and impact.

For pdfFiller’s FAQs

What is Discretionary Review?

Discretionary Review is a process by which a higher court or authority decides whether to review the decision of a lower court or administrative body at its own discretion, rather than being obliged to hear the case.

Who is required to file Discretionary Review?

Typically, parties involved in a case who are seeking a review of a lower court's decision may file for Discretionary Review, often this includes defendants, plaintiffs, or entities affected by the decision.

How to fill out Discretionary Review?

To fill out a Discretionary Review application, one must complete the prescribed form, including necessary case information, reasons for the review request, and any supporting documents required by the reviewing court or authority.

What is the purpose of Discretionary Review?

The purpose of Discretionary Review is to provide a mechanism for higher courts to assess significant legal issues, address discrepancies in the law, or ensure justice when important matters arise from lower court rulings.

What information must be reported on Discretionary Review?

The information that must be reported typically includes the case title, lower court decision details, grounds for seeking review, legal arguments, and any pertinent supporting evidence or documentation.