United States
In the United States federal court system, the issuance of writs is authorised by U.S. Code, Title 28, Section 1651. The language of the statute was 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 counterparts, which specify that there is "one form of action".
Nevertheless, the prudent litigator should familiarize himself or herself with the availability of writs in the jurisdiction in which he or she is admitted to practice.
The Supreme Court of the United States grants certiorari, while most state supreme courts grant review.
Mandamus has been replaced in the United States district courts and many state trial courts by injunction. In the federal system, it is generally available only to the federal courts of appeals, 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.
Prohibition is also generally limited to appellate courts, who use it to prevent lower courts from exceeding their jurisdiction.
Read more about this topic: Prerogative Writ
Famous quotes related to united states:
“I feel most at home in the United States, not because it is intrinsically a more interesting country, but because no one really belongs there any more than I do. We are all there together in its wholly excellent vacuum.”
—Wyndham Lewis (1882–1957)
“Why doesn’t the United States take over the monarchy and unite with England? England does have important assets. Naturally the longer you wait, the more they will dwindle. At least you could use it for a summer resort instead of Maine.”
—W.H. (Wystan Hugh)
“I hate to do what everybody else is doing. Why, only last week, on Fifth Avenue and some cross streets, I noticed that every feminine citizen of these United States wore an artificial posy on her coat or gown. I came home and ripped off every one of the really lovely refrigerator blossoms that were sewn on my own bodices.”
—Carolyn Wells (1862–1942)
“The United States never lost a war or won a conference.”
—Will Rogers (1879–1935)
“The popular colleges of the United States are turning out more educated people with less originality and fewer geniuses than any other country.”
—Caroline Nichols Churchill (1833–?)