Extraordinary Writ - Law Dictionary Search Results
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writ
writ [Old English, something written] 1 : a letter that was issued in the name of the English monarch from Anglo-Saxon times to declare his grants, wishes, and commands 2 : an order or mandatory process in writing issued in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act NOTE: The writ was a vital official instrument in the old common law of England. A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend. Writs were also in constant use for financial and political purposes of government. While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari indicate its historical importance as an instrument of judicial auth...
habeas corpus
habeas corpus [Medieval Latin, literally, you should have the body (the opening words of the writ)] : any of several writs originating at common law that are issued to bring a party before the court ;esp : habeas corpus ad subjiciendum in this entry [the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it "U.S. Constitution art. I"] habeas corpus ad fa·ci·en·dum et re·ci·pi·en·dum [-ad-fa-sē-en-dəm-et-ri-si-pē-en-dəm, -fa-shē-en-; -Ä d-fÄ -kē-en-dm-et-rā-kē-pē-en-dm] [New Latin, literally, you should have the body for doing and receiving] : habeas corpus cum causa in this entry habeas corpus ad pro·se·quen·dum [-ad-prÄ -si-kwen-dəm, -Ä d-prō-sā-kwen-dm] [New Latin, literally, you should have the body for prosecuting] : a writ for removing a prisoner for trial i...
mandamus
mandamus [Latin, we enjoin, from mandare to enjoin] : an extraordinary writ issued by a court of competent jurisdiction to an inferior tribunal, a public official, an administrative agency, a corporation, or any person compelling the performance of an act usually only when there is a duty under the law to perform the act, the plaintiff has a clear right to such performance, and there is no other adequate remedy available ;also : an action in the nature of a writ of mandamus in jurisdictions where the writ is abolished compare cease-and-desist order at order, injunction, stay NOTE: Mandamus is an extraordinary remedy and is issued usually only to command the performance of a ministerial act. It cannot be used to substitute the court's judgment for the defendant's in the performance of a discretionary act. mandamus vb ...
quo warranto
quo warranto [Medieval Latin, by what warrant; from the wording of the writ] 1 : an extraordinary writ requiring a person or corporation to show by what right or authority a public office or franchise is held or exercised 2 : a proceeding in the nature of a writ of quo warranto for determining by what authority or right an office or franchise is held or exercised and seeking as an extraordinary remedy the discontinuance of an unlawful exercise of office or franchise ...
procedendo
procedendo [Latin, ablative of procedendum, gerund of procedere to proceed] : an extraordinary writ ordering a lower court to proceed to or execute a judgment ...
prohibition
prohibition 1 a : an extraordinary writ issued by a higher court commanding an inferior court to keep within its proper jurisdiction (as by ceasing a prosecution) b : an order to refrain or stop 2 a : something (as a law) that prohibits a certain act or procedure b cap : the period from 1920 to 1933 in the U.S. when the manufacture, transportation, and sale of alcoholic liquors was prohibited by the Eighteenth Amendment to the U.S. Constitution pro·hib·i·tive [prō-hi-bə-tiv] adj pro·hib·i·tive·ly adv pro·hib·i·to·ry [-hi-bə-tōr-ē] adj ...
certiorari
certiorari [Medieval Latin certiorari (volumus) (we wish) to be informed (words used in the Latin texts of such writs)] : an extraordinary writ issued by a superior court (as the Supreme Court) to call up the records of a particular case from an inferior judicial body (as a Court of Appeals) see also the Judicial System in the back matter compare appeal NOTE: Certiorari is one of the two ways to have a case from a U.S. Court of Appeals reviewed by the U.S. Supreme Court. Certification is the other. The Supreme Court may also use certiorari to review a decision by a state's highest court when there is a question as to the validity of a federal treaty or statute, or of a state statute on constitutional grounds. Certiorari is also used within state court systems. ...
Magna assisa eligendia, Writ de
Magna assisa eligendia, Writ de. The first species of extraordinary trial by jury is that of the grand assize, which was instituted by Henry II., in parliament, by way of alternative offered to the choice of the tenant or defendant in a writ of right, instead of the barbarous and unchristian custom of duelling. The writ issued to the sheriff to return four knights, who were to elect and choose twelve others to be joined with them, and these, all together, formed the grand assize or great jury, which was to try the matter of right. Abolished by 3 & 4 Wm. 4, c. 27, 3 Bl. Com. 351....
Deliverance, second, writ of
Deliverance, second, writ of. The judgment of non pros. In replevin at Common Law is, that the defendant shall have a return of the goods replevied, and his costs. The plaintiff, however, is not prevented by this judgment from proceeding, for he may sue out the judicial writ of second deliverance, in execution of which the sheriff must again take the goods from the defendant and deliver them to the plaintiff, or the writ will operate in the sheriff's hand as a supersedeas of the writ de retorno habendo, if the latter writ has not as yet been executed. The proceedings upon this writ are the same as in ordinary cases of replevin, and if the defendant have judgment either upon verdict, demurrer, or of non pros., it is for a return irreplevisable, and he shall have a writ de retorno habendo, which being executed, the plaintiff cannot have any further writ of deliverance, 2 Chit. Arch. Prac. See REPLEVIN....
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