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| | Prerogative writ - Wikipedia, the free encyclopedia |
 | | Use of writs at the trial court level has been greatly curtailed by the adoption of the Federal Rules of Civil Procedure and its state court counterparts, which specify that there is "one form of action". | | | The writs are issued in the name of the Crown, who is the nominal plaintiff, on behalf of the applicant. | | | The prerogative writs are a means by which the Crown, acting through its courts, effects control over inferior courts or public authorities throughout the kingdom. |
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http://www.wikipedia.org/wiki/Prerogative_writ
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| | Habeas corpus - Wikipedia, the free encyclopedia |
| | The "constitutional" writ of habeas corpus, which was originally understood to apply to the actions of the executive branch of the federal government, and not to the states, and then only to the jurisdiction of the court, should be distinguished from what can be called "statutory" habeas corpus. | | | Then as now, the writ of habeas corpus was issued by a superior court in the name of the King, and commanded the addressee (a lower court, sheriff, or private subject) to produce the prisoner before the King's courts of law. | | | More commonly, the name refers to a specific writ known in full as habeas corpus ad subjiciendum, a prerogative writ ordering that a prisoner be brought to the court so it can be determined whether or not he is being imprisoned lawfully. |
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http://en.wikipedia.org/wiki/Writ_of_habeas_corpus
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| | WRIT OF MANDAMUS - LoveToKnow Article on WRIT OF MANDAMUS |
| | The writ i5 used to compel inferior courts to hear and determine according to law cases within their jurisdiction, e.g. | | | British Fossessions.In a British possession the power to issue the prerogative writ is usually vested in the Supreme Court by its charter or by local legislation. | | | Besides the prerogative common-law writ there are a number of orders, made by the High Court under statutory authority, and described as or as being in the nature of mandamus, eg. |
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http://99.1911encyclopedia.org/M/MA/MANDAMUS_WRIT_OF.htm
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| | Procedendo - Wikipedia, the free encyclopedia |
| | It is a writ that sends a case from an appellate court to a lower court with an order to procede to judgment. | | | The writ of procedendo ad judicium was the earliest remedy for the refusal or neglect of justice on the part of the courts.It was an original writ, issuing out of chancery to the judges of any subordinate court, commanding them in the king's name to proceed to judgment, but without specifying any particular judgment. | | | Inherently, the most important limitation on this jurisdiction is that the writ of mandamus is not a proper remedy to control or direct the decisions of inferior courts in matters wherein they have judicial cognizance and discretion. |
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http://www.wikipedia.org/wiki/Procedendo
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| | Writ |
| | Writs applied to claims that were to be issued in one of the courts that eventually formed a part of the High Court of Justice of England and WalesHigh Court of Justice. | | | By statute, the Supreme Court of the United States uses the writ of certiorari to review cases from the United States Courts of Appeals or from the state courts. | | | A writ was a summons from the Crown, to the parties in the action, with on its back the substance of the action set out, together with a 'prayer', which requested a remedy from the court (for example damages). |
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http://www.infothis.com/find/Writ
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| | 01-3220 |
| | The issuance of a prerogative writ by the court of appeals is an exercise of original jurisdiction. | | | Although an original writ petition of this type may not be initiated in the court of appeals, it may be brought in the circuit court, because the circuit court has plenary original jurisdiction over all matters civil and criminal under the constitution, including original writ jurisdiction. | | | Read as a whole, then, the jurisdiction clause prohibits original jurisdiction in the court of appeals, with the limited exception of prerogative writ original jurisdiction; but prerogative writ original jurisdiction, while available, is limited to that which is necessary in aid of the court of appeals' appellate and supervisory jurisdiction. |
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http://www.courts.state.wi.us/html/sc/01/01-3220.htm
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| | Supreme Law Library : References : Bouvier's Law Dictionary : bldh1 |
| | Habeas corpus ad testificandum, a writ issued for the purpose of bringing a prisoner, in order that he may testify, before the court. | | | Habeas corpus cum causa, is a writ which may be issued by the bail of a prisoner, who has been taken upon a criminal accusation, in order to render him in their own discharge. | | | The constitution of the United States provides, that the privilege of the writ of habeas corpus shall not be suspended unless when, in cases of invasion and rebellion, the public safety may require it. |
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http://www.supremelaw.org/ref/dict/bldh1.htm
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| | Delv.co.uk: writ of habeus corpus websites in the UK |
| | Find writ of habeus corpus and more at Lycos Search. | | | Results: 1 - 0 - UK Search for: writ of habeus corpus | | | Search for writ of habeus corpus at eBay |
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http://www.ufo-reality.co.uk/ufos/writ_of_habeus_corpus.html
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| | default |
| | At its inception, habeas corpus was a "high prerogative writ" by which the Crown sought to compel the appearance of a subject before its judicial organ. | | | According to S A De Smith, quoted by Duker, the writ was first referred to as a "prerogative writ" in 1620 by Chief Justice Montague in Richard Bourn's Case. | | | In a strict legal sense, "prerogative writ" had become a descriptive term that indicated the writ's extraordinary character; that is to say, habeas corpus issued where the ordinary legal remedies were unavailable or inadequate. |
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http://ccnmtl.columbia.edu/projects/mmt/udhr/article_3/concept_history.html
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| | Prerogative Writ -- resources |
| | Excerpt: The prerogative writ of habeas corpus is available in that state. | | | Excerpt:...the decree of the Prerogative Court and dismissed the writ of certiorari with | | | Excerpt: In prerogative writ proceedings in the appellate courts the prevailing party |
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http://bankruptcy.mongabay.com/resources/Prerogative_Writ.html
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| | Decision on Petition for a Writ of Habeas Corpus on behalf of Radoslav Brdanin |
| | Decision on Petition for a Writ of Habeas Corpus on behalf of Radoslav Brdanin | | | Prerogative writs no longer exist, as such, in most of those countries, having been replaced by orders "in the nature of" mandamus, prohibition, habeas corpus, certiorari and others. | | | This Tribunal has no power to issue writs in the name of any Sovereign or other head of state, and it is not a court of civil jurisdiction which can hear the proceedings commenced by such a writ. |
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http://www.un.org/icty/brdjanin/trialc/decision-e/91208MS211395.htm
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| | Judicial Supplement 10 - The Prosecutor v. Radoslav Brdjanin - Case No. IT-99-36-PT |
| | Brdjanin, Further Decision on Petition for a writ of habeas corpus on Behalf of Radoslav Brdjanin, 9 December 1999. | | | Ruling that it does not have power to issue a writ of habeas corpus and that, in any case6, the accused's detention was perfectly lawful, the Trial Chamber dismissed the Petition. | | | The Trial Chamber further declared that the Tribunal has no power to issue a prerogative writ of habeas corpus but that it has both the power and the procedure to resolve a challenge to the lawfulness of a detainee's detention8. |
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http://www.un.org/icty/Supplement/supp10-e/brdjanin.htm
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| | Runkel v Winemiller, 4 Harris & McHenry 276 (Sup Ct. Md 1799) |
| | The writ of mandamus is a prerogative writ, grantable where the public justice of the State is concerned, and commands the execution of an act when otherwise justice would be obstructed: it is the true, specific remedy to restore a person wrongfully dispossessed of an office or function which draws after it temporal rights. | | | The jurisdiction of the General Court in cases of mandamus is similar to that of the Court of King's Bench. | | | It is a writ of right, and lies where there is a right to execute an office, perform a service, or exercise a franchise, and a person is kept out of possession, or dispossessed of such right, and has no other specific legal remedy--3 Burr 1266. |
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http://www.moseshand.com/studies/RvW.htm
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| | Learn more about Appellate review in the online encyclopedia. |
| | See also: Appellate court, Court of Appeals, Reversible error, Writ of Certiorari, Writ of habeas corpus, Writ of mandamus. | | | In Anglo=American common law legal system courts, appellate review of lower court decisions may also be obtained by filing a petition for review by prerogative writ in certain cases. | | | There is no corresponding right to a writ in any pure or continental civil law legal systemss, though some mixed system such as Quebec recognize these prerogative writs. |
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http://www.onlineencyclopedia.org/a/ap/appellate_review.html
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| | [No title] |
| | an historic generic term for any writ (court order) directed to government agencies, public officials or another court. |
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http://dictionary.law.com/definition2.asp?selected=1587&bold=
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| | Prerogative Writ Departments and Protocol |
| | A guide to the procedures for prosecuting petitions for prerogative writs in the Sacramento Superior Court is available on the Sacramento Superior Court's web site at www.saccourt.com; in addition to this Writ and Motion Protocol, parties should obtain and follow this procedural guide. | | | Proc., §1073.) The court will set a brief schedule at the time the alternative writ is issued. | | | Proc., § 1073.) A briefing schedule will be set by the Court at the time the alternative writ is issued. |
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http://www.saccourt.com/civil/prerogative_writ_depts/prerogative_writ_depts.asp
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| | mandamus: Definition and Much More From Answers.com |
| | A writ of mandamus or simply mandamus, which means "we order" in Latin, is the name of one of the prerogative writs and is a court order directing someone, most frequently a government official, to perform a specified act. | | | The power of the Supreme Court of the United States to issue a writ of mandamus was the controversy that led the Court to delve into the much more significant issue of judicial review in the famed case of Marbury v. | | | A ministerial act is one that a person or body is obliged by law to perform under given circumstances; e.g., on receipt of the fee, a license clerk must grant a marriage license to persons legally qualified to marry. |
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http://www.answers.com/topic/mandamus
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| | Links relating to the history of Habeas Corpus (an English Invention): part of Lachlan Cranswick's Personal Homepage in ... |
| | In a case in 1627 the judges decided that a sufficient answer to a writ of habeas corpus was that the prisoner was detained by warrant of the Privy Council. | | | In cases of one arrested on a warrant of extradition, a proceeding in habeas corpus may be instituted to challenge the validity of the warrant. | | | And while Habeas Corpus originally was the prerogative writ of the King and his courts, the passage of hundreds of years time has permitted it to evolve into a prerogative writ initiated by the person restrained, or someone acting in his interest rather than by the King or his courts. |
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http://lachlan.bluehaze.com.au/habeas_corpus.html
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| | Australian Public Law |
| | The Court also held that the writs in their High Court context should be called 'constitutional writs' (rather than prerogative writs), and should not be regarded as being restricted by many of the old rigid rules governing the prerogative writs. | | | The prerogative writ of mandamus (or an order in the nature of mandamus in jurisdictions such as the Northern Territory Supreme Court -- see Order 56) is a judicial command addressed to and compelling the respondent to perform a public duty. | | | Rather, in a matter such as the present, the conferral of jurisdiction to issue writs of prohibition and mandamus implies ancillary or incidental authority to the effective exercise of that jurisdiction. |
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http://www.ntu.edu.au/faculties/lba/schools/Law/apl/Administrative_Law/remedies.htm
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| | FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code |
| | 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 authority. | | | 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. | | | Opposition to such writs inspired the provision in the U.S. Constitution requiring that a search warrant describe with particularity the place and items to be searched. |
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http://dictionary.lp.findlaw.com/scripts/results.pl?co=dictionary.lp.findlaw.com&topic=97/97f3f5028825a2860df673ec481de8e2
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| | 23-23-10 |
| | (b) The director may obtain relief in equity or by prerogative writ whenever that relief shall be necessary for the proper performance of his or her duties under this chapter. | | | It shall be the duty of the attorney general to conduct the prosecution of all the proceedings brought by the director. | | | The superior court shall have the jurisdiction in equity to enforce the provisions of this chapter and any rule or regulation or order made by the director in conformity with this chapter. |
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http://www.rilin.state.ri.us/Statutes/TITLE23/23-23/23-23-10.HTM
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| | CHRISTOPHER JOHN McNEVEN v. ANTHONY JOHN CAVIT No. 830 of 1987 Criminal Law - Prerogative Writ |
| | Upon the conviction being removed by writ of certiorari a rule was obtained to show cause why it should not be quashed, the justices having improperly proceeded to convict the defendant in treble the value of the tea. | | | Prerogative Writ - Certiorari - Conviction and penalty in excess of jurisdiction - No power to amend or substitute as an appeal | | | A question arose as to whether the application for prerogative relief should have been made under the former or current Rules of the Court. |
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http://www.nt.gov.au/ntsc/doc/sentencing_remarks/0/88/0/NS000340.htm
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| | overheads |
| | A type of prerogative remedy issued by a court to bring before it the decision or determination of a tribunal or inferior court to quash it on the ground of non jurisdictional error of law on the face of the record for jurisdictional error of denial or procedural fairness. | | | A type of prerogative remedy issued by a court to prevent a tribunal or inferior court, which is acting in excess of its jurisdiction, from proceeding any further. | | | A writ used by a superior court allowing a prisoner to be brought before a court to show what they are detained. |
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http://ceds.vu.edu.au/parkerda/overheads.htm
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| | When an application is filed for the issuance of any prerogative writ, the application shall be accompanied by proof of ... |
| | However, when a writ of mandate is sought pursuant to the provisions of Section 1088.5, the action may be filed and served in the same manner as an ordinary action under Part 2 (commencing with Section 307). | | | When an application is filed for the issuance of any prerogative writ, the application shall be accompanied by proof of service of a copy thereof upon the respondent and the real party in interest named in such application. | | | The provisions of this section shall not be applicable to applications for the writ of habeas corpus, or to applications for writs of review of the Industrial Accident or Public Utilities Commissions. |
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http://www.iadvocate.net/CACode/CACode_Section12536.htm
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| | OSCN Found Document:Oklahoma Gas & Elec. Co. v. District Court, Fifteenth Judicial Dist., Cherokee County |
| | The party seeking the writ must possess a "clear legal right" to the relief sought; the respondent must have a "plain legal duty"; and the "exercise of discretion" may not be implicated. | | | ¶2 Because a writ of mandamus may not issue where an adequate remedy at law exists, we initially address the consequences of the trial court's refusal to permit the proposed amendment. | | | 12 O.S. "This writ may not be issued in any case where there is a plain and adequate remedy in the ordinary course of the law." 12 O.S. McDonald v. |
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http://www.oscn.net/applications/oscn/DeliverDocument.asp?citeID=10650
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| | State ex rel. Sanstead v. Freed, 251 N.W.2d 898 (N.D. 1977) |
| | Section 86 grants this Court authority to issue writs, in the exercise of its prerogative jurisdiction over questions involving the sovereignty of the State, its prerogatives, or the liberties of its people. | | | Fabrick, 17 N.D. 860 (1908), and The Prerogative Jurisdiction of the Supreme Court by former Chief Justice Thomas J. Burke, 32 N.D. Law Review 199. | | | We are apparently asked to determine that the public has such a vested interest in every bill that is introduced by the legislators which would warrant examination by this Court into matters such as how and why any bill may fail to become law, if that is its fate. |
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http://www.court.state.nd.us/court/opinions/9308.htm
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| | LawKT.com: Law Firm Publications on Prerogative Writ |
| | Plaintiff filed its action in lieu of prerogative writ challenging the granting of the variances on September 12, 2002, which was within forty-five (45) days of the Zoning Officer's publication of notice, but forty-eight (48) days after the Defendants' July 26th publication of notice. | | | All rights of appeal to court through the prerogative writ process which presently exist would remain available. |
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http://www.lawkt.com/pubs/Prerogative_Writ.html
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| | Prerogative writ - definition of Prerogative writ in Encyclopedia |
| | In English law, the prerogative writs were those granted only if the king (at first) or the judge (since then, and still today in the U.S. and the Courts of England and Wales) decided to issue them as a favour in an unusual situation, because they interfere in some way with the usual judicial procedures. | | | Others say it derives from the fact that the writs were not granted as a matter of right, but only if the person showed good cause, thus "asking" "before" having one granted. | | | The name derives from the Latin words for "before" and "to ask" or "to pray," but scholars disagree on what that originally meant. |
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http://encyclopedia.laborlawtalk.com/Prerogative_writ
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| | New Jersey Law Blog: Eminent Domain - Township of Bloomfield v. 1101 Washington Street |
| | The court agreed with the Township and dismissed the prerogative writ action. | | | However, despite the fact that the property owner filed a complaint in lieu of prerogative writ that was dismissed, the Superior Court nevertheless allowed the property owner to challenge the redevelopment plan at the time of taking (ie. | | | There are now several law division cases that support the argument that a property owner can challenge a redevelopment plan when a condemnation action is filed. |
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http://www.njlawblog.com/condemnation-382-eminent-domain-township-of-bloomfield-v-1101-washington-street.html
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| | THE LINCOLN DEBATE : |
| | By the time of the American Revolution, the writ of habeas corpus was a part of everyday life for British colonials and considered a fundamental and guaranteed protection for all citizens. | | | Through proclamation, Lincoln suspended the writ of habeas corpus eight different times in the course of the war. | | | , 1862 Lincoln announced a new proclamation to nationally suspend the writ of habeas corpus, which was meant to enforce the conscription law. |
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http://www.raleightavern.org/lincoln.htm
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| | LEGAL SERVICES COMMISSION |
| | Although the Rules state that prerogative writs shall no longer be issued, a person seeking judicial review is entitled to an order in the nature of those prerogative remedies. | | | In South Australia, the ability to issue a prerogative writ has now been restricted by the requirement that the parties must seek judicial review under Rule 98 of the | | | The ability to seek a review using prerogative remedies (see prerogative remedies) was usually exercised by issuing what was known as a |
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http://www.lawhandbook.sa.gov.au/index_article.asp?id=4470
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| | Courts and Society in Tudor-Stuart England |
| | The chief goal of writ was the maintenance of order, not necessarily legal victory for the crown. | | | Local leaders as well as Court officials were deeply involved in the origins of many of these cases. | | | The courts could be extremely flexible in working with corporations to preserve their privileges. |
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http://www.h-net.msu.edu/~law/ASLH/conferences/1998conference/1024981030a.htm
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| | OSCN Found Document:Muggenborg v. Kessler |
| | ¶4 In the present proceeding both grandmothers seek a writ prohibiting the respondent-judge from treating the adoption decree as valid and from enforcing it by contempt. | | | ¶11 We assume original jurisdiction and issue a writ prohibiting the respondent-judge from treating as effective and enforcing by contempt the adoption decree by which, without prior notice | | | [2] Will a prerogative writ lie to arrest judicial enforcement, by contempt, of an adoption proceeding found to be ineffective for want of advance notice to an affected or interested party? |
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http://www.oscn.net/applications/oscn/DeliverDocument.asp?citeID=5014
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| | =WRIT of MANDAMUS= |
| | Extra judicial writ of mandamus by Affidavit of "State in fact" wherein a State shall be a party. | | | Affidavit of prerogative writ of mandamus and Affidavit of service signed by our justices to wit: | | | This affidavit is true correct and certain: as in James 5:12 "Holy Scriptures" from our one supreme Court original, exclusive jurisdiction, Common Law venue. |
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http://www.iahushua.com/T-L-J/mandamus.html
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| | Reception of Law |
| | In 1793 Chief Justice Reeves argued persuasively that three types of title governed the island's law of property: grant, occupancy, and statutory prerogative. | | | As Christopher English has pointed out, the grant of representative government in 1832 marked when imperial statutes ceased to be | | | On the law of grants, Reeves asserted that they were issued by the governor or a surrogate. |
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http://www.heritage.nf.ca/lawfoundation/articles/writ.html
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| | Prerogative Writ definition |
| | We are currently updating our definition for Prerogative Writ. | | | We hope to have the definition for Prerogative Writ available within the next few weeks. |
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http://www.legal-explanations.com/definitions/prerogative-writ.htm
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