Prerogative writs are a class of writs 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 an order by a higher court directing a lower court to send the record in a given case for review;
- habeas corpus demands that a prisoner be taken before the court to determine whether there is lawful authority to detain the person;
- mandamus an order issued by higher court to compel or to direct a lower court or a government officer to perform mandatory duties correctly;
- prohibition directing a subordinate to stop doing something the law prohibits;
- procedendo sends a case from an appellate court to a lower court with an order to proceed to judgment;
- quo warranto requiring a person to show by what authority they have to exercise a power;
- scire facias one of the extraordinary writs once known as a prerogative writ.
Other articles related to "prerogative writ, writs":
... United States federal court system, the issuance of writs is authorised by U.S ... left deliberately vague in order to allow the courts flexibility in determining what writs are necessary "in aid of their jurisdiction" ... Use of writs at the trial court level has been greatly curtailed by the adoption of the Federal Rules of Civil Procedure and its state court ...
Famous quotes containing the words writ and/or prerogative:
“We cannot learn the cipher
Thats writ upon our cell;
Stars help us by a mystery
Which we could never spell.”
—Ralph Waldo Emerson (18031882)
“Universal empire is the prerogative of a writer. His concerns are with all mankind, and though he cannot command their obedience, he can assign them their duty. The Republic of Letters is more ancient than monarchy, and of far higher character in the world than the vassal court of Britain.”
—Thomas Paine (17371809)