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Habeas Corpus, Quo Warrantu, Etc

Habeas corpus is a writ used to bring a prisoner or detainee before a court to determine if the person's imprisonment or detention is lawful. A writ of habeas corpus commands the custodian to produce the detained person in court. It guarantees against indefinite detention and allows the court to inquire into the legality of the detention. Quo warranto is a writ used to challenge a person's right to hold public office by asking "by what authority" the person holds the office. It prevents the illegal usurpation of public office and can remove someone from office if they are found to not be entitled to hold that office. A writ of mandamus is a court order directing a government agency

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100% found this document useful (1 vote)
129 views4 pages

Habeas Corpus, Quo Warrantu, Etc

Habeas corpus is a writ used to bring a prisoner or detainee before a court to determine if the person's imprisonment or detention is lawful. A writ of habeas corpus commands the custodian to produce the detained person in court. It guarantees against indefinite detention and allows the court to inquire into the legality of the detention. Quo warranto is a writ used to challenge a person's right to hold public office by asking "by what authority" the person holds the office. It prevents the illegal usurpation of public office and can remove someone from office if they are found to not be entitled to hold that office. A writ of mandamus is a court order directing a government agency

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habeas corpus

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 :

an English writ formerly requiring a person to show by what authority he


exercises a public office, franchise, or liberty

In the literal sense, quo-warranto means ‘by what authority or warrant’. It is


issued by the court to enquire into the legality of the claim of a person to a
public office. Hence, it prevents illegal usurpation of public office by a person. 

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.

For example, a quo warranto action may be brought to determine whether a


public official satisfies a requirement that he or she resides in the district; or
whether a public official is serving in two incompatible offices.

Quo warranto is not available to decide whether an official has committed


misconduct in office. A person who commits misconduct in a public office may
be penalized or even removed from office, but quo warranto is not the proper
forum for those cases. Other processes are available for that purpose.
The term “quo warranto” (pronounced both kwoh wuh-rahn-toh,
and kwoh wahr-un-toh) is Latin for “by what authority”—as in, “by what
authority does this person hold this office?” The term “quo warranto” is still
used today, even though the phrase no longer appears in the statutes.

Quo warranto originated in English common law as a process initiated by the


crown to find out whether a person was legitimately exercising a privilege or
office granted by the crown, or whether the person was instead intruding into a
royal prerogative.

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

n. (sersh-oh-rare-ee) a writ (order) of a higher court to a lower court to send all


the documents in a case to it so the higher court can review the lower court's
decision. Certiorari is most commonly used by the U.S. Supreme Court, which
is selective about which cases it will hear on appeal. To appeal to the Supreme
Court one applies to the Supreme Court for a writ of certiorari, which it grants
at its discretion and only when at least three members believe that the case
involves a sufficiently significant federal question in the public interest. By
denying such a writ the Supreme Court says it will let the lower court decision
stand, particularly if it conforms to accepted precedents (previously decided
cases).
Latin term that means "to be informed of." Certiorari is the means by which a
higher court orders a lower court to deliver to it a case record for review of the
lower court's decision. Certiorari is most commonly associated with the process
used by the US Supreme Court to review decisions of federal and state appellate
courts on a petitioner's application. Some state appellate courts also use the term
"certiorari" to reference the review of lower appellate or trial court decisions. 

Certiorari is a Latin word meaning "to be informed of, or to be made certain in


regard to".  It is also the name given to certain appellate proceedings for re-
examination of actions of a trial court, or inferior appeals court.  The U.S. Supreme
Court still uses the term certiorari in the context of appeals.

Petition for Writ of Certiorari.  (informally called "Cert Petition.")  A document


which a losing party files with the Supreme Court asking the Supreme Court to
review the decision of a lower court.  It includes a list of the parties, a statement of
the facts of the case, the legal questions presented for review, and arguments as to
why the Court should grant the writ.

Writ of Certiorari.  A decision by the Supreme Court to hear an appeal from a


lower court.

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. 

"Review on writ of certiorari is not a matter of right, but a judicial discretion. A


petition for writ of certiorari will be granted only for compelling reasons."

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.

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