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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.
A " writ of prohibition ", in the United States, is an official legal document drafted and issued by a supreme court, superior court or an appeals court to a judge presiding over a suit in an inferior court.
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.
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 is
In the Supreme Court, in which review in most cases is available only if the Court exercises its discretion and grants a writ of certiorari.
There is no corresponding right to a writ in any pure or continental civil law legal systems, though some mixed systems such as Quebec recognize these prerogative writs.
§ 68 VwVGO rules the preliminary proceeding, called “ Vorverfahren ” or “ Widerspruchsverfahren ”, which is a stringent prerequisite for the administrative procedure, if an action for rescission or a writ of mandamus against an authority is aimed.
In respect of the High Court, historically a writ of latitat would have been issued, but now a bench warrant is issued, authorizing the tipstaff to arrange for the arrest of the individual, and imprisonment until the date and time the court appoints to next sit.
Although there is no writ of habeas corpus or bail, the maximum period of pre-trial detention has been reduced to four days.
(; Latin: " you must present the person in court ") is a writ ( legal action ) which requires a person under arrest to be brought before a judge or into court.
A writ of habeas corpus, also known as the Great Writ, is a summons with the force of a court order ; it is addressed to the custodian ( a prison official for example ) and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the person.
One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado.
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.
The writ is referred to in full in legal texts as habeas corpus ad subjiciendum or more rarely ad subjiciendum et recipiendum.
It is sometimes described as the “ great writ ”.
The word habeas in the writ is in the subjunctive ( specifically the volitive subjunctive ): " We command that you have ...".
The full name of the writ is often used to distinguish it from similar ancient writs, also named habeas corpus.
Blackstone explained the basis of the writ, saying " The King is at all times entitled to have an account, why the liberty of any of his subjects is restrained, wherever that restraint may be inflicted.
The wording of the writ of habeas corpus implies that the prisoner is brought to the court for the legality of the imprisonment to be examined.
However, rather than issuing the writ immediately and waiting for the return of the writ by the custodian, modern practice in England is for the original application to be followed by a hearing with both parties present to decide the legality of the detention, without any writ being issued.
The writ of habeas corpus as a procedural remedy is part of Australia's English law inheritance.
The writ is available where there is no other adequate remedy.
Under the Criminal Code of Canada the writ is largely unavailable if a statutory right of appeal exists, whether or not this right has been exercised.

writ and issued
At the order of the Dowager Electress, the Hanoverian agents, supported by the Whig leaders, demanded that a writ of summons be issued which would call the Duke to England to sit in Parliament, thus further insuring the Succession by establishing a Hanoverian Prince in England before the Queen's death.
Three weeks later, following his recovery, armed with a writ issued by the Catskill justice on affidavits prepared by the district attorney, Cook and Russell rode to arrest Martinez.
Taney issued the writ, thereby ordering Merryman's release, but Lincoln ignored it.
Then, as now, the writ of habeas corpus was issued by a superior court in the name of the Sovereign, and commanded the addressee ( a lower court, sheriff, or private subject ) to produce the prisoner before the royal courts of law.
* 1684 – The charter of the Massachusetts Bay Colony is revoked via a scire facias writ issued by an English court.
* 1285 – The writ Circumspecte Agatis, issued by King Edward I of England, defines the jurisdictions of church and state in England, thereby limiting the church's judicial powers to ecclesiastical cases only.
While in London, Somersett had been baptised ; three godparents issued a writ of habeas corpus.
* The writ Circumspecte Agatis, issued by King Edward I of England, defines the jurisdictions of church and state in England, thereby limiting the church's judicial powers to ecclesiastical cases only.
The origin of Baltimore County is not known ; the earliest known record of the county politically is January 12, 1659, when a writ was issued to its sheriff.
It certainly existed by February 12, 1661, when a writ was issued to its sheriff.
If pardon was not pled, the House of Lords issued a writ of certiorari commanding the King's Bench Court to send the case up to it.
The committee issued a permanent writ of Disconnection, forbidding all other Scientologists from having contact with the accused.
A writ of mandamus or mandamus ( which means " we command " in Latin ; ), or sometimes mandate, is the name of one of the prerogative writs in the common law, and is " issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly.
In some U. S. states, such as California, the writ is now called mandate instead of mandamus, and may be issued by any level of the state court system to any lower court or to any government official.
Heron appealed to the Courts which issued a writ of mandamus requiring the case to be adjudicated by the Archbishop of Dublin and the Primate of Ireland.
Skirmishes with Edward over clerical privileges, royal power, Peckham's use of excommunication, and ecclesiastical taxation continued, but in October 1286, Edward issued a writ entitled Circumspecte Agatis which specified what types of cases the ecclesiastical courts could hear.
A man alleged to be a soldier in the Maryland State Militia was detained in Fort McHenry, and Judge Giles in Baltimore issued a writ of habeas corpus, but the fort's commander, Major W. W. Morris, wrote in reply, " At the date of issuing your writ, and for two weeks previous, the city in which you live, and where your court has been held, was entirely under the control of revolutionary authorities.
Taney promptly issued a writ of habeas corpus for Merryman demanding that General George Cadwalader, the commander of Fort McHenry, where Merryman was being held, bring Merryman before him the next day.

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