Habeas Corpus, Quo Warrantu, Etc
Habeas Corpus, Quo Warrantu, Etc
The term habeas corpus comes from the Latin meaning “that you have the
body” of the detainee brought before the court or tribunal.
Typically, a petition is used when asking for a writ of habeas corpus to be
issued. The writ of habeas corpus commands the person in custody to be
presented. A writ of habeas corpus isn’t a remedy in itself, but instead a
procedural method used as a guarantee against indefinite detention.
habeas corpus, an ancient common-law writ, issued by
a court or judge directing one who holds another in custody to produce the
person before the court for some specified purpose. Although there have been
and are many varieties of the writ, the most important is that used to correct
violations of personal liberty by directing judicial inquiry into the legality of
a detention.
, quo-warranto :
In other words, if the court finds that a person is holding office but is not
entitled to hold that office, it issues the writ of quo warranto and restricts that
person from acting as an office holder.
Quo warranto is a special form of legal action used to resolve a dispute over
whether a specific person has the legal right to hold the public office that he or
she occupies. Quo warranto is used to test a person’s legal right to hold an
office, not to evaluate the person’s performance in the office.
What is a Mandamus?
A Latin term for "we command." Mandamus refers to a writ issued by a court
ordering a lower court (or governmental entity) to properly carry out a
nondiscretionary ministerial function. Mandamus is a drastic remedy and is
invoked only in extraordinary cases where there is a clear and indisputable right
to the relief sought. For example, if a trial court refuses to issue a final ruling in
a case, effectively preventing the aggrieved party from appealing the court's
decision, an appellate court may grant a writ of mandamus ordering the lower
court to issue its final ruling so that the aggrieved party may challenge the
ruling on appeal.
A mandamus is a judicial writ, a command issuing in the name of the sovereign
authority from a superior court having jurisdiction over person or inferior
court.2 min read
A mandamus is a judicial writ. It is a command issuing in the name of the
sovereign authority from a superior court having jurisdiction and is directed to
some person, corporation, or inferior court within the jurisdiction of such
superior court. It requires them to do some particular thing that appertains to
their office and duty, and which the superior court has previously determined, or
at least supposes to be consonant to right and justice.
Mandamus is not a writ of right. It is not consequently granted. It is only
granted at the discretion of the court to whom the application for it is made; and
this discretion is not exercised in favor of the applicant, unless some just and
useful purpose may be answered by the writ. This writ was introduced to
prevent disorders from a failure of justice; therefore, it ought to be used in all
occasions where the law has established no specific remedy. It should also be
used wherein justice and good government ought to be one. Mandamus will
not lie where the law has given another specific remedy.
an official order from a court of law stating that
a person or organization must do a particular thing:
A court may issue a writ of
mandamus to force a public official to perform a mandated act.
certiorari
Cert. Denied. The abbreviation used in legal citations to indicate that the Supreme
Court denied a Petition for Writ of Certiorari in the case being cited.
Someone with a legal claim files a lawsuit in a trial court, such as a U.S. District
Court, which receives evidence, and decides the facts and law. Someone who is
dissatisfied with a legal decision of the trial court can appeal. In the federal
system, this appeal usually would be to the U.S. Court of Appeals, which is
required to consider and rule on all properly presented appeals. The highest
federal court in the U.S. is the Supreme Court. Someone who is dissatisfied with
the ruling of the Court of Appeals can request the U.S. Supreme Court to review
the decision of the Court of Appeals. This request is named a Petition for Writ of
Certiorari. The Supreme Court can refuse to take the case. In fact, the Court
receives thousands of "Cert Petitions" per year, and denies all but about one
hundred. If the Court accepts the case, it grants a Writ of Certiorari.
writ of prohibition
A writ of prohibition is a judicial order that may be used, at a higher court's
discretion, to prevent a lower court from interfering with the higher court's
determination of a case pending an appeal. Writs of prohibition are sometimes
issued to prohibit a lower court from issuing orders over matters it has
no jurisdiction over. Alternatively, the writ may also be used to prevent re-
litigating issues that have already been decided by a higher court.
A writ of prohibition has been described as a "drastic remedy," and the legal
equivalent of the equitable remedy of injunction. As a result, any petition for the
writ should only be granted where the petitioner has no other adequate means
of relief. New York courts have further explained that even where the
requirements for a writ of prohibition are met, the remedy is not mandatory,
and courts hold the ultimate discretion on whether to exercise this authority. In
making this decision, courts consider a variety of factors, such as: the gravity of
the harm caused by excess power, the availability (or lack of) an adequate
remedy on appeal, and the remedial effectiveness of prohibition if such an
adequate remedy does not exist.
writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits.
This writ is often issued by a superior court to the lower court directing it not to proceed with a
case which does not fall under its jurisdiction.
Writs of prohibition can be subdivided into "alternative writs" and "peremptory writs". An
alternative writ directs the recipient to immediately act, or desist, and "show cause" why the
directive should not be made permanent. A peremptory writ directs the recipient to immediately
act, or desist, and "return" the writ, with certification of its compliance, within a certain time.
When an agency of an official body is the target of the writ of prohibition, the writ is directed to
the official body over which the court has direct jurisdiction, ordering the official body to cause the
agency to desist.