You had grown up at a time when the most distinguishing mark of a lady was the noli me tangere writ plain across her face.

John Merryman, a leader in the secessionist group in Maryland, petitioned Chief Justice Roger B. Taney to issue a writ of habeas corpus, saying holding Merryman without a hearing was unlawful.

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.

Abdur Rahman Khan was considered a strong ruler who re-established the writ of the Afghan government after the disarray that followed the second Anglo-Afghan war.

" The procedure for issuing a writ of habeas corpus was first codified by the Habeas Corpus Act 1679, following judicial rulings which had restricted the effectiveness of the writ.

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.

Since the 18th century the writ has also been used in cases of unlawful detention by private individuals, most famously in Somersett's Case ( 1772 ), where the black slave Somersett was ordered to be freed.

Suspension of the writ in Canadian history occurred famously during the October Crisis, during which the War Measures Act was invoked by the Governor General of Canada on the constitutional advice of Prime Minister Pierre Trudeau, who had received a request from the Quebec Cabinet.

Volksverhetzung is punishable in Germany even if committed abroad and even if committed by non-German citizens, if only the incitement of hatred takes effect within German territory, e. g. the seditious sentiment was expressed in German writ or speech and made accessible in Germany ( German criminal code's Principle of Ubiquity, Section 9 § 1 Alt.

However, a shop girl from Ontario, Margaret Ryan, claimed the baby was hers, and brought a writ of habeas corpus in Landis's court.

Unknown to Fraser, Hayden had resigned in favour of Hawke that morning — literally hours before the writ was dropped.

Nonetheless, the Court stopped short of compelling Madison ( by writ of mandamus ) to hand over Marbury's commission, instead holding that the provision of the Judiciary Act of 1789 that enabled Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court's original jurisdiction beyond that which Article III established.

In analyzing the third question, Marshall divided the question further, asking if a writ of mandamus was the correct means by which to restore Marbury to his right, and if so, whether the writ Marbury sought could issue from the Supreme Court.

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.

" In denying his request, the Court held that it lacked jurisdiction because Section 13 of the Judiciary Act passed by Congress in 1789, which authorized the Court to issue such a writ, was unconstitutional and thus invalid.

Common law pleading was the system of civil procedure used in England, which early on developed a strong emphasis on the form of action rather than the cause of action ( as a result of the Provisions of Oxford, which severely limited the evolution of the common law writ system ).

Other states ' supreme courts have used the term " Appeals ": New Jersey's supreme courts under the 1844 constitution and Delaware's supreme court were both the " Court of Errors and Appeals "; The term " Errors " refers to the now-obsolete writ of error, which was used by state supreme courts to correct certain types of egregious errors committed by lower courts.

In the writ of quo warranto proceedings that followed, the Supreme Court ruled that the Senate was not permitted to rescind advice and consent after the officer had been installed.

It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution.

On 12 August, he signed a writ that required the collection of all documents that might concern the competitors ' rights or his own title to the superiority of Scotland, which was accordingly executed.

Deng also separated Mao from Maoism, making it clear that Mao was fallible and hence that the truth of Maoism comes from observing social consequences rather than by using Mao's quotations as holy writ, as was done in Mao's lifetime.

The word habeas in the writ is in the subjunctive ( specifically the volitive subjunctive ): " We command that you have ...".

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 '".

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.

His reason, he states, was that it would permit Gen. Cadwalader to answer the writ in Baltimore rather than Washington, D. C., and so not have to leave the limits of his military command.

The writ would act as a command that the case be brought before the court issuing the writ, or it might command some other act on the part of the recipient.

However, if a plaintiff wished to avail himself of Royal — and by implication superior — justice in one of the King's courts, then he would need a writ, a command of the King, to enable him to do this.

* A writ of supersedeas contains a command to stay the proceedings at law.

The procession would proceed towards the Lord Chancellor, and the Garter Principal King of Arms would present the peer's letters patent, which are issued by the sovereign to create a new peerage, and the new peer would kneel before the Lord Chancellor and present his writ of summons, which is issued by the sovereign to command the peer's attendance in Parliament.

They are first found together in 1203, as co-commanders of the garrison at the major fortress of Vaudreuil in Normandy ; they were responsible for surrendering the castle without a fight to Philip II of France, fatally weakening the English position in northern France, but although popular opinion seems to have blamed them for the capitulation, a royal writ is extant stating that the castle was surrendered at King John's command, and both Saer and Fitzwalter had to endure personal humiliation and heavy ransoms at the hands of the French.

In secular law, a precept is a command in writing ; a species of writ issued from a court or other legal authority.

They noted that " The command is not spent once the peer turns up at Parliament — the monarch desires the counsel of the peer throughout the Parliament, and the command expressed in the writ ... continue to have effect throughout that Parliament.

In 1889 a force with the name of the Gilgit Levies was raised under the command of Colonel Algernon Durand in order to establish better writ of Government.

After receiving a writ ( a royal command ) for the election to be held, the local returning officer fixed the election timetable for the particular constituency or constituencies he was concerned with.

For example, a criminal defendant may be convicted in state court, and lose on " direct appeal " to higher state appellate courts, and if unsuccessful, mount a " collateral " action such as filing for a writ of habeas corpus in the federal courts.

Furthermore, it has been argued that the Supreme Court should have been able to issue the writ on original jurisdiction based on the fact that Article III of the Constitution granted it the right to review on original jurisdiction " all cases affecting … public ministers and consuls ," and that James Madison, Secretary of State at the time and defendant of the suit, should have fallen into that category of a " public minister consul.

Originally, notice ( and power ) manifested more viscerally, where the defendant in a civil case could be seized and brought before the court under the writ of capias ad respondendum.

Federal court review may review state court judgments in criminal cases by ruling on petitions for a federal writ of habeas corpus, in which a federal court is asked to review whether a defendant has been given due process of law as defined under federal law.

In this context, the party seeking the writ is treated on appeal like a plaintiff, the trial court becomes the defendant, and the opponent is designated as the " real party in interest.

* A writ of exigent ( or exigend ) commands a sheriff to summon a defendant indicted for a felony, who had failed to appear in court, to deliver himself up upon pain of outlawry or forfeiture of his goods.

* A writ of ne exeat republica ( a / k / a " writ of ne exeat ") restrains defendant who attempts to flee the country where he or she is being tried.

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.

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.

The writ, which named Qarase the first defendant, also named Fiji Television as the second defendant.

The writ, which named Qarase the first defendant, also named Fiji Television as the second defendant.

The second possibility refers to a previous Act of Outlawry describing the proper proclamations to be made to seek a legal defendant, and considers that a sheriff might neglect or refuse to make such proclamations, and nevertheless report ( returning the writ ) that the person was not found ( and therefore presumed to be escaping justice ).

The early writ of detinue was specifically designed for recovery of a chattel wrongfully detained, but not an action to recover loss due to a chattel being harmed while the defendant had it.

The defendant to a writ of debt or detinue might bring others with him who would swear that his denial of the claim was true.

Toudeby for the defendant pleaded no allegation of bailment, but Scrope, the counsel for the demandant ( plaintiff ), replied that, if the defendant carried off the chattels and a writ was brought to recover them, it was no answer to say that the chattels had not been bailed to the plaintiff.

In English law, a writ of scire facias ( from the Latin meaning, literally " let them / him / us know ") was a writ founded upon some judicial record directing the sheriff to make the record known ( scire facias ) to a specified party, and requiring that defendant to show cause why the party bringing the writ should not be able to cite that record in his own interest, or why, in the case of letters patent and grants, the patent or grant should not be annulled and vacated.

The defendant of the scire facias writ would generally need to prove that the debt was paid in order for the court to invalidate the writ.