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Encyclopedia results for writ of mandamus

writ of mandamus





Encyclopedia results for writ of mandamus

  1. Peremptory writ of mandamus

    Prerogative writs A peremptory writ of mandamus also peremptory writ of mandate or simply peremptory mandamus is an absolute and unqualified writ a formal written command to the defendant to do the act in question. It is issued when the defendant default s on, or fails to show sufficient cause in answer to, an alternative mandamus . It is one of the three types of a mandamus . A more exact definition of a peremptory writ of mandate is a final order of a court to any governmental body, government official or a lower court to perform an act the court finds is an official duty required by law. ref name Legal Dictionary http legal dictionary.thefreedictionary.com peremptory writ of mandate Legal Dictionary ref ref name Law Dictionary http dictionary.law.com default2.asp?selected 1502&bold 7C 7C 7C 7C Law Dictionary ref Distinguishing from other kinds of mandamus A peremptory writ of mandate is distinguished from an alternative writ of mandate mandamus , which orders the governmental agency, court or officials to obey the order or show cause at a hearing why it should not. ref name Legal Dictionary ref name Law Dictionary This may also be distinguished from a Continuing Mandamus , which asks for an officer or other authority to perform its tasks expeditiously for an unstipulated period ... for the alternative writ. If the officials do not comply with the order and fail to convince the court that the writ of mandate should not be issued, then the court will issue the peremptory writ ... the law, then the peremptory writ will be issued after a notice of hearing without the alternative writ. ref name Legal Dictionary ref name Law Dictionary There seems to be many California cases online ... procedural framework. In New York Civil procedure civil practice , any writ is titled a proceeding ... www.assembly.state.ny.us leg and go to CVP . ref References reflist See also Mandamus Prohibition writ Prerogative writ Category Prerogative writs ...   more details



  1. Mandamus

    Other uses Prerogative writs A writ of mandamus or mandamus which means we command in Latin IPA en man de m s pron , respell man DAY m s , or sometimes mandate , is the name of one of the prerogative writ ... for the writ of mandamus to be enforced should be able to show that he has a legal right to compel ... not been performed. In no other case will a writ of mandamus issue unless it be to quash an illegal order. Types There are three kinds of mandamus Alternative Mandamus A mandamus issued upon the first ... legal dictionary.thefreedictionary.com peremptory writ of mandamus Legal Dictionary . ref ref http law.mongabay.com news peremptory writ of mandate.html Mongabay.com . ref Continuing Mandamus A Mandamus ... known as a writ of mandamus and more recently as an order of mandamus . This procedure ... cannot be enforced by mandamus. ref R.P. Kapoor v. Delhi Development Authority. ref The writ petition .... For example, the High Court cannot entertain writ petitions for mandamus to the Government who fails .... By statute or by judicial expansion of the writ of mandamus in most of the U.S. state s, acts ... Dictionary, p. 980, 8th Ed., St. Paul, USA, 2004. ref Mandamus is a judicial remedy which is in the form .... ref It cannot be issued to compel an authority to do something against statutory provision. Mandamus ... and legally protected right before one suffering a grievance can ask for a mandamus. A person ... have two qualities ref RK Choudhary s Law of Writs Mandamus. ref It must be a duty of public nature ... of mandamus is to remedy defects of justice. It lies in the cases where there is a specific ... of a statutory duty or where an illegal or unconstitutional order is made. The grant of mandamus ... Education, UT Chandigarh, 1990 1 RSJ 126. ref Mandamus, being a discretionary remedy, the application ..., bar the issue of mandamus. The petitioner must, of course, satisfy the Court that he has the legal ... v. Laxminarayan, 1970 MPLJ Note 6. ref A mandamus is normally issued when an officer or an authority ...   more details



  1. Writ

    of writ of mandamus , and writ of review in place of writ of certiorari . Prerogative writs The prerogative ... Rights and Directive Principles of India fundamental rights of the citizens are upheld. The writ of mandamus ...other uses refimprove date September 2008 In common law , a writ is a formal written order issued by a body ... . Warrant legal Warrants , prerogative writ s and subpoena s are common types of writs but there are many others. English law History This section is linked from Habeas corpus Originally, a writ became ... law writs. The writ would act as a command that the case be brought before the court issuing the writ ..., there would be no need to obtain a writ. Actions in local courts could usually be started by an informal ... would need a writ, a command of the King, to enable him to do this. Initially for common law , recourse ... Royal Courts, the writ would usually have been purchased from the Court of Chancery Chancery ... would re use old forms, and there were many books that were collections of forms of writ, much as in modern ..., a writ, if one could be found fitting the plaintiff s case, provided the legal means to remove .... For example, in 1256, a court was asked to quash a writ as novel, unheard of, and against reason ... of writ without the sanction of the Curia Regis King s council . New writs were created after that time, but only by the express sanction of Parliament, and the forms of writ remained essentially static, each writ defining a particular form of action . With the abolition of the Forms of Action in 1832 and 1833, a profusion of writs was no longer needed, and one uniform writ came to be used. After 1852, the need to state the name of the form of action was also abolished. In 1875, the form of writ was altered so that it conformed more to the subpoena that had been in use in the Chancery. A writ ..., the need for writs to be written in the name of the Crown was ended. From that time, a writ simply ... to a Writ , Originating Application , or Summons see Rules 7 and 8 of the Civil Procedure Rules ...   more details



  1. Mandamus (disambiguation)

    Mandamus may refer to Mandamus or writ of mandamus , one of the prerogative writs in common law Mandamus River in New Zealand disambig ...   more details



  1. Continuing Mandamus

    Continuing Mandamus is a writ of Mandamus issued to a lower authority by the higher authority in general public interest asking the officer or the authority to perform its task expeditiously for an unstipulated period of time for preventing miscarriage of justice . The concept of Continuing Mandamus has been discussed and dealt with in the respective cases of Vineet Narain v. Union of India ref Vineet Narain v. Union of India, AIR 1996 SC 3386 ref and Bandhua Mukti Morcha v. Union of India & Ors. ref Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802 ref When a petition is filed under Article 32 or Article 226 of the Constitution of India in the Supreme Court of India Supreme Court or the High Court respectively, the court can issue the writ of Mandamus in the interest of general public welfare. The facts and circumstances of the cases were of utmost public importance, and the increasing need for preservation of democracy and egalitarianism equality in this society. The investigation into every accusation made against each and every person on a reasonable basis, irrespective of the position and status of that person, must be conducted and completed expeditiously. This is imperative to retain public confidence in the impartial working of the Government agencies. The Courts, in these cases did not concern themselves with the accusations on a meritorious basis, but only by the due performance of the duties and obligations on the part of the government agencies to fairly, fully and properly investigate into every such accusation against every person, and to take the logical final action in accordance with the law. If the charge sheet is filed against the relevant person in the competent court, the court shall deal with the case in accordance with the laws. In case, a prima facie case cannot be made out against an individual, it should be closed and quickly submitted to the court ... delays in investigation. The writ issued by the court was continuous, and for an unstipulated period ...   more details



  1. Mandamus River

    Infobox River river name Mandamus River image name image size caption origin Organ Range mouth Hurunui River basin countries New Zealand length km length elevation m elevation mouth elevation m mouth elevation discharge m3 s discharge watershed km2 watershed Mandamus River is a river in the South Island of New Zealand . ref LINZ 21805 2008 08 23 ref The headwaters are on the southern side of the Organ Range and it feeds into the Hurunui River 25 kilometers due west of Culverden . ref cite map publisher Land Information New Zealand title 260 M33 Waikari url http www.linz.govt.nz topography topo maps nz med scale maps nz260 map series pm33 index.aspx edition 2003 section accessdate 2008 08 24 ref References reflist coord 42.7635 S 172.5498 E display title Category Rivers of the Canterbury Region CanterburyNZ geo stub ...   more details



  1. Prerogative writ

    Refimprove date March 2010 Prerogative writs are a class of writ s which originate from English law . Originally they were available only to the Crown , but later they were made available to the monarch s subjects through the courts. The prerogative writs are certiorari habeas corpus mandamus prohibition writ prohibition procedendo quo warranto scire facias C.J. Antieau, The Practice of Extraordinary Remedies Habeas Corpus and the Other Common Law Writs, Vol. II, at 802 Once known as a prerogative writ, scire facias is now better described as one of the extraordinary writs 1987 England and Wales The prerogative writs are a means by which the Crown, acting through its courts, effects control over inferior courts or public authorities throughout the kingdom. The writs are issued in the name of the Crown, who is the nominal plaintiff , on behalf of the applicant. The prerogative writs other than habeas corpus are discretionary remedies, and have been known as prerogative orders in England and Wales since 1938. The writs of quo warranto and procedendo are now obsolete, and the orders of certiorari , mandamus and prohibition are under the new Civil Procedure Rules 1998 known as quashing orders, mandatory orders and prohibiting orders respectively. The writ of habeas corpus is still known by that name. India The declaration of fundamental rights would be meaningless unless these rights can be enforeced at the instance of the persons on whom they are conferred. The Constitution itself has laid down the following provisions for the enforcement of the fundamental rights. a Any act of the executive ... are amenable to the writ jurisdiction of the courts. c A proceeding under Article 32 is described ... . Mandamus has been replaced in the United States district court s and many state trial courts by injunction ..., which issue writs of mandamus to lower courts and administrative hearing panels, while some state systems still allow trial courts to issue writs of mandamus or mandate directly to government officials ...   more details



  1. Writ (disambiguation)

    wiktionarypar Writ Writ may refer to a Writ , a legal document Writ of election , a writ issued by a state ordering that an election be held Writ website , an online legal commentary Ogg Writ , a text phrase codec The Writ also appears as The Writ Blow on a Jug , a song from Black Sabbath s 1975 album Sabotage Black Sabbath album Sabotage Holy Writ , an old fashioned term for the Bible and other religious text s WRIT FM , an oldies formatted radio station in Milwaukee , Wisconsin disambig ...   more details



  1. Writ of summons

    A Writ of Summons may be Hereditary peer Writs of summons Writ of Summons , a writ that enables a peer to sit in Parliament A Writ of summons is a document instituting legal proceedings, see Summons . disambig ...   more details



  1. Writ of attachment

    globalize date December 2010 A writ of attachment is a court order to attachment law attach or seize an asset. It is issued by a court to a law enforcement officer or sheriff. The writ of attachment is issued in order to satisfy a judgment issued by the court. A prejudgment writ of attachment may be used to freeze assets of a defendant while a legal action is pending. Common grounds for obtaining a prejudgment writ of attachment are that a defendant has committed fraud or that a defendant is prepared to hide assets from a court. External links http www.usmarshals.gov process attachment.htm US Marshals Service Writ of Attachment DEFAULTSORT Writ Of Attachment Category Judicial remedies Law stub ...   more details



  1. Writ of prohibition

    USA date December 2010 Prerogative writs A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. In 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 ... 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 ... processes, a writ of prohibition may be directed by any court of record i.e., higher than a misdemeanor ... the court s jurisdiction. In the United States A writ of prohibition , in the United States ... court to a judge presiding over a suit in an inferior court. The writ of prohibition mandates the inferior ... for a writ of prohibition, in this case on the ground that his conduct, even if proven, does not constitute ... cases, this writ may also be used to prevent an inferior court from acting contrary to the rules of natural justice. The writ of prohibition may not be used to undo any previous acts, but only to prohibit ... subject the complainant to irreparable loss, the writ should issue notwithstanding no objection ... allow superior courts to manage inferior courts. However, unlike a writ of prohibition, superior courts ... A writ of prohibition is issued primarily to prevent an inferior court or tribunal from exceeding its .... Thus the writ is issued in both cases where there is excess of jurisdiction and where there is absence ... of proceeding to be prohibited. The writ can be issued only when the proceedings are pending ...   more details



  1. Cape (writ)

    Orphan date February 2009 In old British law , a cape was a judicial writ concerning a plea of lands and tenements so called, as most writs are, from the word which carried the chief intention of the writ. The writ was divided into cape magnum , or the grand cape , and cape parvum , or the petit cape . While they were alike in their effect, as to taking hold of immovable things, they differed in the following circumstances first, in that the cape magnum lay before, and the cape parvum after second, cape magnum summoned the defendant to answer to the Default law default , in addition to answering to the plaintiff , while cape parvum only summoned the defendant to answer to the default. It might have been called petit cape , not because of small force, but because it was contained in few words. Cape magnum was defined in the Old Natura Brevium as follows Where a Man hath brought a Precipe quod reddet of a Thing that touches Plea of Land, and the Tenant makes default at the Day to him given in the original Writ then this Writ shall be for the King to take the Land into his Hands and if the Tenant come not at the Day given him by the Writ, he loses his land. Cape parvum was defined was thus definied, Ibid. Where the Tenant is summon d in Plea of Land, and comes at the Summons, and his Appearance is recorded and at the Day given him, prays the View and having it granted, makes default then shall this Writ issue for the King , etc. Cape ad valentiam , a species of cape magnum so called from the end to which it tends, was thus described, Where I am impleaded of Lands, and I vouch to warrant another, against whom the Summons ad Warrantandum hath been awarded, and the Sheriff comes not at the Day given then, if the Defendant recover against me, I shall have a Writ against the Vouchee and shall recover so much in value of the Lands of the Vouchee, if he has so much otherwise, I shall have Execution of such Lands and Tenements as descend to him in Fee or, if he purchase afterwards ...   more details



  1. Writ of Quominus

    The Writ of Quominus , or Writ of Quo Minus , was a writ and legal fiction which allowed the Exchequer of pleas Court of Exchequer to obtain a jurisdiction over cases normally brought in the Court of Common Pleas England Court of Common Pleas . The Exchequer was tasked with collecting the King s revenue, and the legal fiction worked by having the plaintiff in a debt case claim that he was a debtor to the king, and that the defendant s debt prevented him paying the King. As such, the defendant would be arrested, and the case heard by the Exchequer. The writ s predecessors were in use from at least 1230, and it was in common albeit strict use during the 16th century. The use continued into the 19th century, until all original writs were abolished in 1883. Writ The Exchequer of pleas Court of Exchequer s main task was collecting royal revenues and taxes, partially through ensuring that debts to The Crown were paid. ref Wurzel 1939 p.40 ref It soon developed the ability to hear common cases, usually heard by the Court of Common Pleas England Court of Common Pleas , and did so through the writ of quominus . The origins of the writ are unknown, although some academics link it to a process through which a claimant could bring a claim jointly with the King or in part payment towards his debt to the King, in cases where the King had an interest. ref Wurzel 1939 p.42 ref The earliest record of a similar writ is 1230, although not with the quo minus wording. ref Wurzel 1939 p.43 ref The use was similar to that of the Bill of Middlesex , a similar legal fiction used by the Court of King .... ref Perry 2000 p.155 ref By the 16th century, the writ was commonly used in the Court of Exchequer ... Wurzel 1939 p.55 ref Wurzel suggests that the introduction and widespread use of this writ was not due ... court they should have superior jurisdiction. ref Wurzel 1939 p.56 ref The writ continued into the 19th ... date 1939 DEFAULTSORT Writ Of Quominus Category Court systems in England and Wales Category Legal ...   more details



  1. Writ of election

    Use dmy dates date April 2011 A writ of election is a writ issued by the government ordering the holding of a special election for a political office . File D. Christopher Jessen, Deputy Provost Marshall, to Freeholders of Lunenburg Township and County election writ for the second assembly.png thumb D. Christopher Jessen, Deputy Provost Marshall, to Freeholders of Lunenburg Township and County election writ for the second assembly In the United Kingdom and in Canada , this is the only way of holding an election for the House of Commons . When the government wants to or is required to dissolve Parliament, a writ of election is issued for each United Kingdom constituencies constituency by the Clerk of the Crown in Chancery in the UK ref cite web url http www.parliament.uk about how elections and voting by elections title By elections publisher The United Kingdom Parliament accessdate 27 March 2011 ref or electoral district Canada electoral district by the Chief Electoral Officer in Canada ref Cite web url http www2.parl.gc.ca marleaumontpetit DocumentViewer.aspx?Sec Ch04&Seq 5&Lang E last Marleau first Robert coauthors Montpetit, Camille title The House of Commons and Its Members The Writ of Election work House of Commons Procedure and Practice accessdate 27 March 2011 ref . In the United States , this writ is issued mainly by U.S. state state governor s for filling vacancies in the United States House of Representatives , the United States Senate , or the states own State legislature United States legislature s. ref Cite web url http www.cga.ct.gov 2009 ACT PA 2009PA 00170 R00SB 00913 PA.htm title An Act Concerning United States Senate Vacancies publisher Connecticut General Assembly accessdate 27 March 2011 ref In Australia , the writs are issued by the Governor General of Australia Governor General for the Australian House of Representatives House of Representatives and by the respective state Governors for the Australian Senate Senate . State governors also issue the writs ...   more details



  1. Dropping the Writ

    Unreferenced date December 2007 Infobox album See Wikipedia WikiProject Albums Name Dropping the Writ Type Album Artist Cass McCombs Cover Droppingthewritweb.jpg Background Orange Released 9 October 2007 small United States US small Recorded Genre Ambient music Ambient , Folk music folk Length 49 34 Label Domino Producer Last album PREfection br 2005 This album Dropping the Writ br 2007 Next album Catacombs album Catacombs br 2009 Album ratings rev1 Allmusic rev1score rating 3.5 5 ref Allmusic class album id r1209707 pure url yes Allmusic review ref rev2 PrefixMag rev2score Rating 8 10 ref http www.prefixmag.com reviews cds C cass mccombs dropping the writ 3361 PrefixMag review ref rev3 Pitchfork Media rev3score 6.6 10 ref http www.pitchforkmedia.com article record review 46257 dropping the writ Pitchfork Media review ref Automatically generated by DASHBot Dropping the Writ is the third full length album released by musician Cass McCombs . The album was released on October 9, 2007 by Domino Records . Track listing small All tracks by Cass McCombs small Lionkiller 4 31 Pregnant Pause 3 29 That s That 4 15 Petrified Forest 3 59 Morning Shadows 2 56 Deseret 3 54 Crick in My Neck 4 19 Full Moon or Infinity 4 25 Windfall 4 48 Wheel of Fortune Healing 14 58 Personnel Rob Barbato theremin Aaron Shugart Brown design, photography Ben Chappell layout design Jerry Di Rienzo engineer Travis Graves vocals Albert Herter paintings George Horn mastering Claire Lin layout design Cass McCombs bass, guitar, piano, sound effects, vocals, engineer, design, photography Orpheo McCord percussion, drums Matt Popieluch acoustic Guitar, piano, vocals Garrett Ray drums Andrew Scheps mixing Trevor Shimizu guitar Luke Top bass, vocals, engineer References reflist External links http www.cassmccombs.com downloads thatsthat.zip That s That http www.pitchforkmedia.com article record review 46257 dropping the writ Dropping the Writ review DEFAULTSORT Dropping The Writ Category 2007 albums Category Cass ...   more details



  1. Writ (website)

    Writ is a legal commentary website on the topic of the law of the United States hosted by FindLaw . Writ publishes at least one new column by one of its regular columnists every business day, and frequently posts a second column by a guest columnist. The regular columnists are all notable attorneys almost all are law professors, most with an endowed chair some are former law clerks from the U.S. Supreme Court some are past or present federal prosecutors one is a former Counsel to the President one is a novelist, and one is the current director of the Terrorism and Counterterrorism Program of Human Rights Watch . The guest columnists also tend to be law professors or seasoned attorneys. The columnists comment both on notable ongoing court cases and recent court decisions, as well as on current events. Writ also publishes occasional book reviews, on books of both legal and more general interest the book reviewers are likewise academically inclined attorneys. Writ is free, and maintains all of its material from its inception in a free archive. Although Writ is known mainly among legal circles, its columnists tend to be prolific authors who reach a broad audience. Many have published books as well as frequent articles and op eds in newspapers and magazines such as The New York Times , The Washington Post , The Atlantic Monthly , U.S. News & World Report , The Los Angeles Times , The Chicago Tribune , and Slate magazine Slate . One Writ columnist, Marci Hamilton, was the first guest on The Daily Show in its new studio in 2005 columnist Edward Lazarus also appeared on The Daily Show in 2006. Writ is available online, ref http writ.news.findlaw.com Writ.news.findlaw.com ref but has published just two columns since December 30, 2010. Writ s regular columnists Multicol Akhil Amar Vikram Amar Bart Aronson Sherry Colb John Dean Michael C. Dorf Joanna Grossman Multicol break Marci ... by Writ columnists Akhil Reed Amar. America s Constitution A Biography. ISBN 1400062624 Akhil Reed ...   more details



  1. Ogg Writ

    multiple issues notability September 2011 one source September 2011 primary sources September 2011 Ogg Writ is a text phrase codec used with the Ogg encapsulation format. It was initially designed to provide subtitle captioning subtitles for Ogg Theora videos, but is also useful for song lyrics with Ogg FLAC or Vorbis , transcription linguistics transcripts with Ogg Speex , or any other place where it is useful to combine text with audio or video. Unlike most subtitle captioning subtitle formats which are in separate files from the audio video content, Ogg Writ is mixed with audio video streams so that it can be delivered as one file. Its design makes it easy to extend with new features. It currently supports multiple languages and specific placement of the text in one or more windows. As of early 2008, it is not being maintained anymore. It is semi usable, but its use is cautioned. Two other possible replacement codecs for timed text in Ogg are Continuous Media Markup Language CMML and http wiki.xiph.org index.php OggKate Kate . http wiki.xiph.org index.php OggKate Kate is quickly turning into the standard text encoding format for Ogg with support for srt and other time aligned text formats. External links http wiki.xiph.org OggWrit OggWrit XiphWiki Xiph.org Category Text codecs Category Subtitle file formats de Ogg Writ es Ogg Writ pl Writ Multimedia software stub ...   more details



  1. Writ of security

    In the law of Brazil , the writ of security mandado de seguran a is a remedy used to protect individual rights. It resembles in some respects the writ of amparo , amparo meaning protection , available in other Latin America n nations. ref Kenneth L. Karst, Keith S. Rosenn, http books.google.co.uk books?id setUedgDQFUC&pg PA356&lpg PA356&dq Law and development in Latin America a Case Book&source bl&ots FMheDz6uAv&sig CvvEOLpvMxTT8Z WBRuTgpLTTwA&hl en&ei vAMTTqmAHMy6hAep08D0DQ&sa X&oi book result&ct result&resnum 5&ved 0CEsQ6AEwBA v onepage&q&f false Law and development in Latin America a Case Book , pp 636, 5 , 1975, Berkeley University of California Press. ISBN 0 520 02955 0 ref References reflist Category Brazilian law Brazil stub Law stub pt Mandado de seguran a ...   more details



  1. Writ of attaint

    A writ of attaint is an obsolete writ in English law , issued to inquire whether a jury had given a false verdict in a trial. In criminal cases, the writ of attaint was issued at the suit of the Crown, and in civil cases at the suit of either party. The correctness of the verdict would be determined by a body known as the grand jury of attaint. This panel, consisting of twenty four members, was twice the size of a normal trial jury. The party bringing the attaint could introduce only the same evidence that was originally given at trial while the jury whose verdict was questioned was allowed to present new matter. If it were found that an erroneous verdict had been given, the wrong was redressed, and the original jury was punished. The punishment inflicted was quite severe at the common law, the judgement was 1. That they should lose their liberam legem , and become for ever infamous. 2. That they should forfeit all their goods and chattels. 3. That their lands and tenements should be seised into the king s hands. 4. That their wives and children should be thrown down. 5. That their trees should be rooted up. 6. That their meadows should be ploughed. 7. That their bodies should be cast into Prison gaol ref Blackstone, Sir William. Commentaries on the Laws of England. ref However, during the reign of Henry VIII of England Henry VIII , Parliament passed an act reducing the punishment to perpetual infamy and a fine. In criminal cases it appears to have become obsolete by the end of the 15th century. Procedure by attaint in civil cases had also been gradually giving place to the practice of granting new trials, and after the decision in Bushell s Case in 1670 it became obsolete. The writ was finally abolished by the Juries Act 1825 , except as regards jurors guilty of embracery . References reflist Category English legal terms Attaint Category Writs Category Medieval English law ...   more details



  1. Dropping the writ

    Unreferenced date December 2007 Dropping the writ is the informal term for a procedure in some parliament ary form of government government systems , where the head of government that is the prime minister , premier or chief minister , as the case may be goes to the head of state and formally advises him or her to dissolution of parliament dissolve parliament . By constitutional convention political custom convention , the head of state grants the request and issues a writ of election for a new parliament. The head of state usually has the right to refuse the request, in which case the prime minister is required by convention or statute to resign. For example, in the case of a minority government, the head of state can deny the request for dissolution and ask the leader of another parliamentary party to form a government. In some cases, such as with the President of Ireland , there are specific limitations on when a head of state can refuse this request. Even under these circumstances, this right is rarely exercised, as it is likely to precipitate a constitutional crisis see, for example, the King Byng Affair of 1926 . An argument could be made Weasel inline date March 2009 that the right of a head of state to refuse a dissolution has become a lapsed power . However, there is a more recent counter example in the Ontario general election, 1985 1985 election in Ontario . The incumbent Conservative party was reduced to minority status, and lost a non confidence motion. Lieutenant Governor of Ontario Lieutenant Governor John Black Aird asked the opposition Liberal leader to form ... within their discretion when to drop the writ, up to the time when the parliament has served its ... is required by convention or specific law to either drop the writ or resign parliaments do not have the right to force the prime minister to drop the writ. Etymology The phrase drop the writ is supposed to be a bastardization of the phrase draw up the writ , and is still considered stylistically ...   more details



  1. Writ of execution

    Unreferenced stub auto yes date December 2009 A writ of execution is a court order granted in an attempt to satisfy a monetary Judgment law judgment obtained by a plaintiff . When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor . Such property will often then be sold in a sheriff s sale and the proceeds remunerated to the plaintiff in partial or full satisfaction of the judgment. It is generally considered preferable for the sheriff simply to take possession of money from the defendant s bank account. If the judgment debtor owns Real estate real property , the judgment creditor can record the execution to freeze the title until the execution is satisfied. Generally, execution is unnecessary for defendants who pay verdicts against themselves voluntarily. However, some defendants ignore judgments against them, and thereby force plaintiffs to employ writs of execution to actually enforce judgments. In the United States, not all asset s are subject to execution. For example, Social Security United States Social Security income that resides in a bank account is exempt from a levy on a debtor s bank account. Many states also protect an Individual Retirement Account IRA from execution as well as unemployment income, but the amount that is exempt may be limited. See also Nulla bona DEFAULTSORT Writ Of Execution Category Civil procedure Category Writs Law term stub bg cs Exekutorsk z pis de Vollstreckungstitel Deutschland es T tulo ejecutivo fr Titre ex cutoire en France he lt Vykdomasis ra tas nl Executoriale titel no Utlegg ru sv Exekutionstitel ...   more details



  1. Writ of assistance

    A writ of assistance is a written order a writ issued by a court instructing a law enforcement official, such as a sheriff , to perform a certain task. Historically, several types of writs have been called writs of assistance . ref http press pubs.uchicago.edu founders documents amendIVs2.html ref Most often, a writ of assistance is used to enforce an order for the possession of lands . ref Merriam Webster s Dictionary of Law Springfield, Massachusetts Merriam Webster, 1996 , 538. ref When used to eviction evict someone from real property , such a writ is also called a writ of restitution or a writ of possession . ref http definitions.uslegal.com w writ of assistance ref In the area of customs , writs of assistance were first authorized by an act of the English Parliament in 1660 12 Charles 2 c. 29 , ref George Elliott Howard, Preliminaries of the revolution, 1763 1775 1906 , 73. ref and were issued by the Exchequer of pleas Court of Exchequer to help customs officials search for smuggling smuggled goods. These writs were called writs of assistance because they called upon sheriffs, other officials, and loyal subjects to assist the customs official in carrying out his duties. ref Smith, Writs of Assistance Case , 29 34. ref In general, customs writs of assistance served as general search warrant s that did not expire, allowing customs officials to search anywhere for smuggled goods ... permanent and even transferable a writ holder could assign them to another. Any place could .... This put anyone who had such a writ above the law. All writs of assistance expired six months after ......Between 1761 and 1772, at 479 482 and in Appendix Samuel Quincy, 1865 ref Malcom Affair A writ ... the authority to do so by a writ of assistance issued to customs official Benjamin Hallowell ... case was apparently the last time a writ of assistance was issued in Boston. ref Reid, Rebellious ... Warrants Category Writs es Orden de asistencia fr Writ of Assistance ...   more details



  1. Writ of acceleration

    in over 400 years. The last writ of acceleration was issued in 1992 to the Conservative Party UK ... peer s to sit in the House of Lords. Procedure A writ of acceleration was granted only if the title being accelerated was a subsidiary one, and not the main title, and if the beneficiary of the writ ... person summoned to Parliament by virtue of a writ of acceleration was summoned in one of his father ... . An heir apparent receiving such a writ took the precedence within the House of Lords owing to the title ... his father. His son, the first Earl s grandson, was granted a writ of attendance to the Lords ... information . Another noteworthy writ of acceleration was issued in 1717 to Charles Paulet, 3rd ... House of Lords in 1666, as Baron Butler , of Moore Park, may also represent an error for a writ ... to a writ of acceleration was to create a completely new peerage. For example, in 1832 Edward ... Stanley, 14th Earl of Derby , who in 1844 was summoned to the House of Lords through a writ of acceleration ... had not received a writ of acceleration or a new peerage were eligible to stand for election to the House ... to sit in the House of Commons, than to receive a writ of acceleration or a new peerage. Before ... George Sutherland Leveson Gower, Earl Gower Baron Gower Duke of Sutherland 1833 At the time of the writ ... ldprivi 106i 106i07.htm Format for Writs in Acceleration and of Summons DEFAULTSORT Writ Of Acceleration Category Peerage it Writ of acceleration ...   more details



  1. And Having Writ...

    Infobox Book See Wikipedia WikiProject Novels or Wikipedia WikiProject Books name And Having Writ... title orig translator image Image And Having Writ cover.png 200px image caption 1978 second printing author Donald R. Bensen illustrator cover artist country United States language English language English series genre Science fiction novel Science Fiction , Alternate history publisher Bobbs Merrill Company Bobbs Merrill release date 1978 media type Print Hardcover Hardback & Paperback pages 250 pp first edition, hardback isbn ISBN 0672520788 first edition, hardback dewey 813 .5 4 congress PZ4.B4739 An PS3552.E54765 oclc 3870456 preceded by followed by And Having Writ... is a 1978 science fiction alternate history novel written by Donald R. Bensen . It was nominated for the 1979 Campbell award best novel John W. Campbell Award . ref cite web title Campbell awards 1979 url http www.locusmag.com SFAwards Db Cmem1979.html accessdate 2006 07 27 ref Plot introduction Four aliens crash land on Earth in 1908 and then journey around the planet, trying to jump start World War I . Even though they fail to do this, they succeed in creating the circumstances for their ultimate departure from Earth after a period of suspended animation . ref name PlotIntro cite web title Bensen, D.R. And Having Writ... plot url http www.uchronia.net bib.cgi label.html?id bensandhav work Uchronia The Alternate History List accessdate 2006 07 27 ref Plot summary According to the novel, the Tunguska event Siberian explosion was originally caused by the crash landing of the spaceship Wanderer. In this alternate reality, however, the alien astronauts are able to commandeer their failing vessel so that it lands ... web title Bensen, D.R. And Having Writ... plot url http www.uchronia.net bib.cgi label.html?id bensandhav ..., will result in boom of new science and industry. Characters in And Having Writ... The astronauts and their roles ..., paperback Footnotes references References cite book title And having Writ... last Benson first Donald ...   more details



  1. File:And Having Writ cover.png

    Summary Scanned image of the book And Having Writ found http people.uncw.edu smithms Ace 20singles s5N series 02274.jpg at uncw.edu . Licensing Non free book cover Rationale for use at And Having Writ Non free media rationale Article And Having Writ Description Scanned image of the cover of the book, And Having Writ... Source http people.uncw.edu smithms Ace 20singles s5N series 02274.jpg uncw.edu Portion Cover Resolution Yes Purpose To illustrate its article Replaceability No ...   more details




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