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Topic: Prerogative writ

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	Writ Of Mandamus - LoveToKnow 1911 (Site not responding. Last check: 2007-10-19)
		Besides the prerogative common-law writ there are a number of orders, made by the High Court under statutory authority, and described as or as being in the nature of mandamus, e.g.
		This enactment does not deal with the prerogative mandamus but empowers the king's bench and the chancery divisions to grant an interlocutory mandamus in any pending cause or matter by an order other than the final judgment and even by an order made after the judgment.
		It is not limited to cases in which the prerogative writ would be granted; but mandamus is not granted when the result desired can be obtained by some remedy equally convenient, beneficial and effective, or a particular and different remedy is provided by statute.
	www.1911encyclopedia.org /Writ_Of_Mandamus (879 words)

	Bouvier
		The writ is to be granted whenever a person is in actual confinement, committed or detained as aforesaid, either for a criminal charge, or, as in Pennsylvania and New York, in all cases where he is confined or restrained of his liberty, under any color or pretence whatsoever.
		The writ may be served by any free person, by leaving it with the person to whom it is directed, or left at the gaol or prison with any of the under officers, under keepers, or deputy of the said officers or keepers.
		It is to be executed nearly in the same manner as the writ of habere facias possessionem, and, for this purpose, the officer may break open the outer door of a house to deliver seisin to the demandant.
	www.jusbelli.com /Bouvier/bouvier1856_ha.html (2193 words)

	writ - HighBeam Encyclopedia
		Usually the writ requires the person to whom the command is issued to report at a fixed time (the return day) with proof of compliance or a justification for disobedience.
		However, the principle, "no writ, no right" was at least partially overcome by the development of equity as a separate system of justice.
		Several of the prerogative writs (writs issued as a matter of sovereign right) still survive, notably habeas corpus and mandamus.
	www.encyclopedia.com /doc/1E1-writ.html (441 words)

	Prerogative - Wikipedia, the free encyclopedia
		A Prerogative is an exclusive legal right given from a government or state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law of the normative state.
		It was a common facet of Feudal law.
		In modern popular culture usage, the word prerogative has come to mean the egalitarian condition of the right for anyone's own self-determination, e.g.
	en.wikipedia.org /wiki/Prerogative (161 words)

	Definition of writ
		The writ would usually have been purchased from the Chancery, although the court of the Exchequer, being in essence another government department, was able to issue its own writs.
		While originally writs were exceptional, or at least non-routine devices, Maitland suggests that by the time of Henry II, the use of writs had become a regular part of the system of justice in England.
		In the United States federal court system, the All Writs Act (28 USC 1651) authorizes courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law".
	www.constitution.org /writ/writ_def.htm (1252 words)

	Prerogative Writ Departments and Protocol
		Writs and motions are normally heard in this department on Fridays at 9:00 a.m., 10:00 a.m., 11:00 a.m., and 1:30 p.m.
		A guide to the procedures for prosecuting petitions for prerogative writs in the Sacramento Superior Court is available on the Sacramento Superior Court's Web site at http://www.saccourt.com; in addition to this Writ and Motion Protocol, parties should obtain and follow this procedural guide.
		Writs are assigned for all purposes to a particular judge.
	www.saccourt.com /civil/prerogative_writ_depts/prerogative_writ_depts.asp (1736 words)

	Judicial Supplement 10 - The Prosecutor v. Radoslav Brdjanin - Case No. IT-99-36-PT
		Ruling that it does not have power to issue a writ of habeas corpus and that, in any case6, the accused's detention was perfectly lawful, the Trial Chamber dismissed the Petition.
		The Trial Chamber further declared that the Tribunal has no power to issue a prerogative writ of habeas corpus but that it has both the power and the procedure to resolve a challenge to the lawfulness of a detainee's detention8.
		Brdjanin, Further Decision on Petition for a writ of habeas corpus on Behalf of Radoslav Brdjanin, 9 December 1999.
	www.un.org /icty/Supplement/supp10-e/brdjanin.htm (876 words)

	CHAPTER 918 MANDAMUS, NE EXEAT, PROHIBITION AND QUO WARRANTO
		(a) The Superior Court may issue a writ of mandamus in any case in which a writ of mandamus may by law be granted, and may proceed therein and render judgment according to rules made by the judges of the Superior Court or, in default thereof, according to the course of the common law.
		Writ of mandamus is a prerogative writ which will issue only to enforce a clear legal right where the person against whom it is directed is under a legal obligation to perform the act commanded.
		Any court having cognizance of writs of habeas corpus, mandamus, quo warranto, prohibition or ne exeat may, in any action pending before it, make any order, interlocutory or final, in the nature of any such writ, to the extent of its jurisdiction, so far as it may appear to be an appropriate form of relief.
	www.cga.ct.gov /2005/pub/Chap918.htm (1709 words)

	Supreme Law Library : References : Bouvier's Law Dictionary : bldh1
		The name of a writ of execution, used in most real actions, by which the sheriff is directed that he cause the demandant to have seisin of the lands which he has recovered.
		The name of a writ directed to the sheriff, and commanding him to take one who has taken any bondsman, and conveyed him out of the country, so that he cannot be replevied.
		When a man is unlawfully in custody, he may be restored to his liberty by writ de homine replegiando, upon giving bail; or by a writ of habeas, corpus, which is the more usual remedy.
	www.supremelaw.org /ref/dict/bldh1.htm (12337 words)

	Prohibition - LoveToKnow 1911 (Site not responding. Last check: 2007-10-19)
		The courts to which it has most frequently issued are the ecclesiastical courts, and county and other local courts, such as the lord mayor's court of London, the court of passage of the city of Liverpool and the court of record of the hundred of Salford.
		In the case of courts of quarter sessions, the same result is generally obtained by certiorari (see Writ).
		The extent to which the ecclesiastical courts were restrainable by prohibition led to continual disputes for centuries between the civil and the ecclesiastical authorities.
	www.1911encyclopedia.org /Prohibition (666 words)

	Australian Public Law (Site not responding. Last check: 2007-10-19)
		The Court also held that the writs in their High Court context should be called 'constitutional writs' (rather than prerogative writs), and should not be regarded as being restricted by many of the old rigid rules governing the prerogative writs.
		The practice in most places where a prerogative order is sought in respect of a court or tribunal is either to name the court or tribunal itself as a respondent, or to refer collectively to "the judge/s (or members) of X (the relevant body) ".
		Both writs also traditionally issued in respect of administrative decisions taken at the local government level but, as Aronson and Dyer observe, the people exercising local government power in the UK in the 19th-century were initially justices of the peace, so that this sort of administration may have been seen as having a judicial flavour.
	www.ntu.edu.au /faculties/lba/schools/Law/apl/Administrative_Law/remedies.htm (10217 words)

	writ - Definitions from Dictionary.com
		For example, a writ of summons would be issued to a defendant informing them that they are required to appear before the court based on a plaintiff's decision to pursue legal action against them.
		A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend.
		While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari indicate its historical importance as an instrument of judicial authority.
	dictionary.reference.com /browse/writ (1791 words)

	[No title]
		Petitioner is not entitled to the issuance of a writ of mandamus because petitioner failed to establish a clear and specific legal right to be enforced, or a duty which ought to be and can be performed.
		Accordingly, the petition for writ of mandamus is dismissed.
		The majority dismisses this petition for writ of mandamus, not because it approves the actions of the trial judge, but because it finds that "petitioner failed to establish a clear and specific legal right to be enforced, or a duty which ought to be and can be performed." I disagree and therefore, dissent.
	www.courts.state.va.us /opinions/opnscvtx/1020518.txt (1371 words)

	The Avalon Project : Court Cases Involving Native Americans
		The writ was issued and served on the respondent on the 8th day of April, and, the distance between the place where the writ was made returnable and the place where the relators were confined being more than twenty miles, ten days were allotted in which to make return.
		On the 18th of April the writ was returned, and the authority for the arrest and detention is therein shown.
		And they may be entitled to the writ under the other paragraph, before recited, for the reason, as they allege, that they are restrained of liberty in violation of a provision of their treaty, before referred to.
	www.yale.edu /lawweb/avalon/ntreaty/ncase001.htm (3579 words)

	Runkel v Winemiller, 4 Harris & McHenry 276 (Sup Ct. Md 1799)
		The writ of mandamus is a prerogative writ, grantable where the public justice of the State is concerned, and commands the execution of an act when otherwise justice would be obstructed: it is the true, specific remedy to restore a person wrongfully dispossessed of an office or function which draws after it temporal rights.
		The writ of mandamus a prerogative writ, and grantable where the public justice of the State is concerned, and commands the execution of an act where otherwise justice would be obstructed--3 Bac.
		It is a writ of right, and lies where there is a right to execute an office, perform a service, or exercise a franchise, and a person is kept out of possession, or dispossessed of such right, and has no other specific legal remedy--3 Burr 1266.
	www.moseshand.com /studies/RvW.htm (4613 words)

	Blackstone's Commentaries - Book the Third - Chapter the Seventeenth : Of Injuries Preeceding From, Or Affecting, The ...
		It differs from an information filed in the court of king's bench, of which we fhall treat in the next book; in that this is inftituted to redrefs a private wrong, by which the property of the crown is affected, that is calculated to punifh fome public wrong, or heinous mifdemefnor in the defendant.
		It is grounded on no writ under feal, but merely on the intimation of the king's officer the attorney general, who “gives the court to underftand and be informed of” the matter in queftion; upon which the party is put to anfwer, and trial is had, as in fuits between fubject and fubject.
		A WRIT of quo warranto is in the nature of a writ of right for the king, againft him who claims or ufurps any office, franchife, or liberty, to inquire by what authority he fupports his claim, in order to determine the right
	www.yale.edu /lawweb/avalon/blackstone/bk3ch17.htm (2859 words)

	WRIT OF MANDAMUS - Online Information article about WRIT OF MANDAMUS
		The writ is used to compel inferior courts to hear and determine according to law cases within their See also:
		Besides the prerogative common-law writ there are a number of orders, made by the High Court under statutory authority, and de-scribed as or as being in the nature of mandamus, e.g.
		United States.—The writ has passed into the law of the United States.
	encyclopedia.jrank.org /MAL_MAR/MANDAMUS_WRIT_OF.html (1369 words)

	The Hindu Business Line : Significance of court supervisory powers
		A writ petition cannot generally be entertained at the show-cause notice stage unless an exceptional case is made out, for instance, that the approach of the authority is erroneous in law.
		In other words, even if the case is one in which a high prerogative writ cannot be issued, the High Court has jurisdiction to issue such directions and orders as may be necessary to meet the ends of justice, in respect of both administrative action and judicial or quasi-judicial action.
		To conclude, a writ petition cannot generally be entertained at the show-cause notice stage unless an exceptional case is made out, for instance, the approach of the authority is erroneous in law.
	www.thehindubusinessline.com /2004/10/16/stories/2004101600080800.htm (1302 words)

	Learn more about Appellate review in the online encyclopedia. (Site not responding. Last check: 2007-10-19)
		In most jurisdictions the normal and preferred way of seeking appellate review is by filing an appeal of the final judgment or appeallable interim Court order in a case such as the denial of a request for an interim injunction which are often appeallable as of right.
		In Anglo=American common law legal system courts, appellate review of lower court decisions may also be obtained by filing a petition for review by prerogative writ in certain cases.
		There is no corresponding right to a writ in any pure or continental civil law legal systemss, though some mixed system such as Quebec recognize these prerogative writs.
	www.onlineencyclopedia.org /a/ap/appellate_review.html (222 words)

	PETITION FOR WRIT OF HABEAS CORPUS
		Nelson, the court recognized that “[t]he writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action [and must be] administered with the initiative and flexibility essential to ensure that miscarriages of justice within its reach are surfaced and corrected.”
		It further observed that during the suspension of the writ of habeas corpus, citizens may only be held without charges: not tried, and certainly not executed by military tribunals.
		Whether a federal court should presume that a prisoner's filing of a state petition for writ of habeas corpus was timely because the state court gave no indication that the filing was untimely, or whether the federal court should engage in an independent determination of whether the filing was timely under state law.
	www.angelfire.com /az/sthurston/habeuscorpus.html (2363 words)

	[No title]
		4, provides: [45] Prerogative writs are superseded, and, in lieu thereof, review, hearing and relief shall be afforded in the Superior Court, on terms and in the manner provided by rules of the Supreme Court, as of right, except in criminal causes where such review shall be discretionary.
		[47] The prerogative writ clause of the 1947 New Jersey Constitution was intended to streamline and strengthen the traditional prerogative writs which were available in the pre-1947 Supreme Court.
		Ketchum, 18 N.J. An interpretation of the prerogative writ clause that would undermine [85 NJ Page 597] this control is particularly inconsistent with the purposes of N.J.Const.
	www.cjnj.org /html/livolsi.txt (6289 words)

	HABEAS CORPUS (Site not responding. Last check: 2007-10-19)
		And while Habeas Corpus originally was the prerogative writ of the King and his courts, the passage of hundreds of years time has permitted it to evolve into a prerogative writ initiated by the person restrained, or someone acting in his interest rather than by the King or his courts.
		For example, Writs of Habeas Corpus have been issued in civil cases on application of a parent where a child’s custody is being sought against the wishes of the other parent who allegedly “restrains” the child.
		Congressional restrictions on the writ; and judicial restrictions on the writ.
	www.wealth4freedom.com /law/HabeasCorpus.shtml (2138 words)

	LawKT.com: Law Firm Publications on Prerogative Writ
		Additionally, and importantly, the proposed legislation mandates that any legal challenge to a tax abatement be brought by prerogative writ within twenty days from adoption of an ordinance approving a financial agreement (being the agreement by which a tax abatement is granted).
		The validity of a financial agreement or any exemption granted pursuant thereto may be challenged only by filing an action in lieu of prerogative writ within 20 days from the publication of a notice of the adoption of an ordinance by the governing body granting the exemption and approving the financial agreement.
		Plaintiff filed its action in lieu of prerogative writ challenging the granting of the variances on September 12, 2002, which was within forty-five (45) days of the Zoning Officer's publication of notice, but forty-eight (48) days after the Defendants' July 26th publication of notice.
	www.lawkt.com /pubs/Prerogative_Writ.html (577 words)

	The Hindu Business Line : What is writ in tax matters?
		The basic principle of law is that a writ will not ordinarily be issued by the court where the impugned order, not patently erroneous, is made by an authority within his jurisdiction.
		A writ, direction or an order may be issued by the High Court under Article 226 to a person or authority amenable to the court's jurisdiction either by residence or location within the State, even if the petitioner and other parties are from other States (Rashid v.
		The Court will interfere by a writ if the action is mala fide or arbitrary or does not comply with the statutory requirements, or if the action amounts to an exercise in futility.
	www.thehindubusinessline.com /2005/10/15/stories/2005101501131000.htm (1073 words)

	23-23-10 (Site not responding. Last check: 2007-10-19)
		It shall be the duty of the attorney general to conduct the prosecution of all the proceedings brought by the director.
		(b) The director may obtain relief in equity or by prerogative writ whenever that relief shall be necessary for the proper performance of his or her duties under this chapter.
		Proceedings under this section shall follow the course of equity and shall be instituted and prosecuted in the name of the director by the director or the attorney general, but only upon the request of the director.
	www.rilin.state.ri.us /Statutes/TITLE23/23-23/23-23-10.HTM (198 words)

	Courts and Society in Tudor-Stuart England
		The records reveal both the regular issuance of the writ and the rarity of its prosecution to the fullest extent.
		The information in the nature of quo warranto, though not a prerogative writ in the strict sense of the word, had most of the characteristics of one.
		Quo warranto thus joined other devices--such as mandamus and certiorari--that were developing at this time as the means by which people in the provinces could check the political excesses of their own neighbors, a transformation in the law that occurred as a result of transformations in the practice of politics.
	www.h-net.msu.edu /~law/ASLH/conferences/1998conference/1024981030a.htm (474 words)

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