A writ of certiorari is an order by a higher court directing a lower court to review a case. A rit of mandamus or 2,3 /,2:8 (which means "we command" in Latin) is the name of one of the prerogative writs in the common law. In the u.s., a person can be said to be aggrieved only when he is denied a legal right
A writ of certiorari is an order by a higher court directing a lower court to review a case. A rit of mandamus or 2,3 /,2:8 (which means "we command" in Latin) is the name of one of the prerogative writs in the common law. In the u.s., a person can be said to be aggrieved only when he is denied a legal right
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A writ of certiorari is an order by a higher court directing a lower court to review a case. A rit of mandamus or 2,3 /,2:8 (which means "we command" in Latin) is the name of one of the prerogative writs in the common law. In the u.s., a person can be said to be aggrieved only when he is denied a legal right
Copyright:
Attribution Non-Commercial (BY-NC)
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Download as DOCX, PDF, TXT or read online from Scribd
Certiorari is a type of writ seeking judicial review, recognized in U.S.
, Roman, English, Philippine,
[3] and other law. Certiorari ("to be more fully informed") is thepresent passive infinitive of the Latin certiorare ("to show, prove, or ascertain"). A rit of certiorari currently means an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review. A rit of mandamus or 2,3/,2:8 (which means "we command" in Latin), or sometimes 2andate, 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". [1]
Mandamus is a judicial remedy which is in the form of an order from a superior court to any government subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty. [2] t cannot be issued to compel an authority to do something against statutory provision. Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. n the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when he is denied a legal right by someone who has alegal duty to do something and abstains from doing it. An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions. n some cases, breaches of injunctions are considered serious criminal offenses that merit arrest and possible prison sentences. A rit of prohibition is a writ directing a subordinate to stop doing something the law prohibits. n practice, the Court directs the Clerk to issue the Writ, and directs the Sheriff to serve it on the subordinate, and the Clerk prepares the Writ and gives it to the Sheriff, who serves it. This writ is normally issued by a superior court to the lower court asking it not to proceed with a case which does not fall under its jurisdiction. These Writs are issued as "alternative" or "peremptory." 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. 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.