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writ and prohibition
The court ultimately directed that the cause be put in abeyance to allow proponents of the annexation the opportunity to file a writ of prohibition, which they did on February 10, 1947.
He immediately sought a writ of prohibition.
* In extraordinary circumstances, the United States court of appeals can use the common-law writ of prohibition under the All Writs Act to control proceedings in the district courts.
* The writ of prohibition is issued by a higher court to a lower court prohibiting it from taking up a case because it falls outside the jurisdiction of the lower court.
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits.
Although the rest of this article speaks to judicial processes, a writ of prohibition may be directed by any court of record ( i. e., higher than a misdemeanor court ) toward any official body, whether a court or a county, city or town government, that is within the court's jurisdiction.
The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall within that inferior court's jurisdiction.
In criminal proceedings, a defendant who has been committed for trial may petition to the superior court for a writ of prohibition, in this case on the ground that his conduct, even if proven, does not constitute the offense charged.
The writ of prohibition may not be used to undo any previous acts, but only to prohibit acts not completed.
However, unlike a writ of prohibition, superior courts issue writs of certiorari to review decisions which inferior courts have already made.
A writ of prohibition is issued primarily to prevent an inferior court or tribunal from exceeding its jurisdiction in cases pending before it or acting contrary to the rules of natural justice.
When the court, before whom the matter is pending, has ceased to exist, in that condition too, the writ of prohibition will not lie because there can be no proceedings upon which it can operate but on the other hand, if the court is functioning, the writ can be issued at any stage of the proceeding before the inferior court or tribunal.
In KUTV, Inc. v. Conder, media representatives sought review by appeal and by a writ of prohibition of an order barring the media from using the words " Sugarhouse rapist " or disseminating any information on past convictions of defendant during the pendency of a criminal trial.
* ( v ) in which a writ of mandamus or prohibition or an injunction is sought against an officer of the Commonwealth.
This includes matters in which " a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth ".
The bulk of matters falling within this category often are called the " extraordinary writs " and include habeas corpus, mandamus, quo warranto, and the writ of prohibition.
However, where lower courts are concerned, an erroneous refusal to recuse in a clear case can be reviewed on appeal or, under extreme circumstances, by a petition for a writ of prohibition.

writ and ",
The writ of habeas corpus is one of what are called the " extraordinary ", " common law ", or " prerogative writs ", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom.
* Habeas corpus ad faciendum et recipiendum ( also called habeas corpus cum causa ): a writ of a superior court to a custodian to return with the body being held by the order of a lower court " with reasons ", for the purpose of “ receiving ” the decision of the superior court and of “ doing ” what it ordered.
It has been contended that " Pozzo and Lucky are simply Didi and Gogo writ large ", unbalanced as their relationship is.
Although he was not a Peer in the English Parliament, it is nonetheless recorded that he was " by writ called into the Upper House by His Majesty ’ s great grace ", and he then took up the honoured position of an " assistant sitting on the inside of the Woolsack.
This right, entitlement or " title ", began to be granted by decree in the form of the writ of summons from 1265 and by letters patent from 1388, and the barony started to become personal rather than territorial.
The Supreme Court sometimes grants a writ of certiorari to resolve a " circuit split ", when the federal appeals courts in two ( or more ) federal judicial circuits have ruled differently in similar situations.
Upon the death of a tenant-in-chief, the escheator would be instructed by a writ of diem clausit extremum (" he has closed his last day ", i. e. he is dead ) issued by the king's chancery, to empanel a jury to hold an " inquisition post mortem " to ascertain who the legal heir was, if any, and what was the extent of the land held.
Chief Justice Vaughan, sitting on the Court of Common Pleas, discharged the writ, released them, called the power to punish a jury " absurd ", and forbade judges from punishing jurors for returning a verdict the judge disagreed with.
As a professional fine gentleman, at a period when, as the genial Major Pack says, " the amours of Britain would furnish as diverting memoirs, if well related, as those of France published by Rabutin, or those of Nero's court writ by Petronius ", Wycherley was obliged to be a loose liver.
A writ of assistance was used in an incident known as the " Malcom Affair ", which was described by legal scholar William Cuddihy as " the most famous search in colonial America.
A latitat is a legal device, namely a writ, that is " based upon the presumption that the person summoned was hiding ", see Blackstone.
Henry's elder brother Thomas, 2nd Earl of Lancaster, succeeded their father in 1296, but Henry was summoned to Parliament on 6 February 1298 / 99 by a writ directed to Henrico de Lancastre nepoti Regis (" Henry of Lancaster, nephew of the king ", Edward I of England ), by which he is held to have become Lord Lancaster.
However, in 1723, during his father's lifetime, he was summoned to the House of Lords through a writ of acceleration in his father's junior title of Baron Townshend ( although he was styled " Lord Lynn ", taken from the territorial designation of the barony, to distinguish him from his father ).
He was also notable for his advocacy of " world habeas corpus ", the development of an international writ of habeas corpus to protect individual human rights.
The phrase has also traditionally been used in the captions of petitions for the writ of habeas corpus, which were ( and in some jurisdictions, still are ) styled as " Ex parte Doe ", where Doe was the name of the petitioner who was alleged to be wrongfully held.
Dudley was summoned to Parliament from 15 February 1440, by writs directed to " Johanni de Sutton de Duddeley militi ", whereby he obtained a Barony by writ as Lord Dudley.
The mine-roof was supported by wooden props, which were then set alight using pig-fat ( on 25 November 1215 John had sent a writ to the justiciars saying " Send to us with all speed by day and night, forty of the fattest pigs of the sort least good for eating so that we may bring fire beneath the castle ", causing the whole corner of the keep to collapse.
*" Quantum mechanics writ large ", article about walking droplets by John W. M. Bush, Cambridge University ( 2010 ).
The history of Serjeants-at-Law goes back centuries ; Alexander Pulling argues that Serjeants-at-Law existed " before any large portion of our law was formed ", and Edward Warren agrees, supporting him with a Norman writ from approximately 1300 which identifies Serjeants-at-Law as directly descending from Norman conteurs ; indeed, they were sometimes known as Serjeant-Conteurs.
Abbot was aware that before his death Painda Khan had made his son ( Jehandad Khan ) swear never to trust his safety to any ruler ", and thus, he gave guarantees to Jehandad Khan that the semi-independent status of his hill principality would be respected formally within the writ of the larger Hazara district, following the annexation of the region by the British.
Other lyrics found in the song that explicitly refer to The Byrds ' stay in England include the couplet: " Nowhere is there warmth to be found / Among those afraid of losing their ground ", which is a reference to the hostile reaction of the UK music press and to the English group The Birds serving the band with a copyright infringement writ, due to the similarities in name.

writ and United
Following this ruling, Alford petitioned for a writ of habeas corpus in the United States District Court for the Middle District of North Carolina, which upheld the initial ruling, and subsequently to the United States Court of Appeals for the Fourth Circuit which ruled that Alford's plea was not voluntary, because it was made under fear of the death penalty.
* 1861 – President of the United States Abraham Lincoln suspends the writ of habeas corpus.
So far, in the United States, those acquitted of a federal offense by reason of insanity have not been able to challenge their psychiatric confinement through a writ of habeas corpus or other remedies.
Concluding quickly that since a writ of mandamus, by definition, was the correct judicial means to order an official of the United States ( in this case, the Secretary of State ) to do something required of him ( in this case, deliver a commission ), Marshall devotes the remainder of his inquiry at the second part of the question: " Whether it writ can issue from this court.
Contempt of court is considered a prerogative of the court, as " the requirement of a jury does not apply to ' contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States '".
** President Abraham Lincoln suspends the writ of habeas corpus in the United States.
Rabbi Lord Immanuel Jakobovits, former Chief Rabbi of the United Synagogue of Great Britain, describes the mainstream Jewish view on this issue: " Yes, I do believe that the chosen people concept as affirmed by Judaism in its holy writ, its prayers, and its millennial tradition.
It is usually the rule for Scotland and baronies by writ in the United Kingdom ; although baronies by writ go into abeyance if there are several surviving sisters or their legitimate descendants.
The Court is unanimously of opinion, that the appellate power of the Supreme Court of the United States does not extend to this Court, under a sound construction of the Constitution of the United States ; that so much of the 25th section of the act of Congress to establish the judicial courts of the United States, as extends the appellate jurisdiction of the Supreme Court to this Court, is not in pursuance of the Constitution of the United States ; that the writ of error in this cause was improvidently allowed under the authority of that act ; that the proceedings thereon in the Supreme Court were coram non judice in relation to this Court, and that obedience to its mandate be declined by the Court.
In the United States, certiorari is most often seen as the writ that the Supreme Court of the United States issues to a lower court to review the lower court's judgment for legal error ( reversible error ) and review where no appeal is available as a matter of right.
Early law of the United States inherited the traditional English writ system, in the sense of a rigid set of forms of relief that the law courts were authorized to grant.
In the United States federal courts, the writ is most often used to review the constitutionality of criminal convictions rendered by state courts.
* 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.
* Some courts have held that in rare circumstances in a federal criminal case, a United States district court may use the common-law writ of error coram nobis under the All Writs Act to set aside a conviction when no other remedy is available.
In the United States today, quo warranto usually arises in a civil case as a plaintiff's claim ( and thus a " cause of action " instead of a writ ) that some governmental or corporate official was not validly elected to that office or is wrongfully exercising powers beyond ( or ultra vires ) those authorized by statute or by the corporation's charter.

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