KeyWEn.com  
 
 
 
Writ       Article     History   Tree Map
  Encyclopedia of Keywords > Society > Law > Writ   Michael Charnine

Keywords and Sections
FORMS
WRITS
ACTION
ET
CHANCERY
CROWN
FEDERAL COURTS
NOVEL
ENGLISH LAW
LANDS
PRACTICE
EDW
OLD
PETITION
SCIRE FACIAS
POSSESSION
PRISONER
RECOVERY
ORIGINAL WRIT
EARLY
ISSUE WRIT
ISSUED
EX REL
PROHIBITION
FIERI FACIAS
ABOLISHED
WRIT
Review of Short Phrases and Links

    This Review contains major "Writ"- related terms, short phrases and links grouped together in the form of Encyclopedia article.

Definitions

  1. Writ: A written court order saying that certain action must be taken.
  2. Writ - A judicial order directing a person to do something.
  3. Writ is the old English term for a judicial order.
  4. Writ: An extraordinary remedy that can be sought from the Indiana Supreme Court.
  5. The writ is used in the civil context to challenge the validity of child custody and deportations.

Forms

  1. With the abolition of the Forms of Action in 1832 and 1833, there no longer needed to be a variety of writs, and one uniform of writ came to be used.
  2. New writs were created after that time, but only by the express sanction of Parliament and the forms of writ remained essentially static.
  3. This resulted in the Provisions of Oxford 1258, which prohibited the creation of new forms of writ without the sanction of the King's council.

Writs

  1. The endorsement of a mittimus on the writ had never been used, as appears by the opinion in the case of Palmer v.
  2. Dig. Abatement, F 12; or one of them may take the entire tenancy on himself, and pray judgment of the writ.
  3. The Summary Jurisdiction Act 1879 makes the writ no longer necessary where a special case has been stated by a court of quarter sessions.

Action

  1. Relief formerly available by a writ is now normally available by a civil action or a motion in a pending civil action.
  2. Ad quod damnum - A writ causing an evaluation of damages that might result from someone's actions.
  3. The Writ of Right of Advowson was the proprietary remedy; but here also a possessory action was needed and was instituted.
  4. We have now enumerated those actions begun by royal writ which were common in Glanvill's day.
  5. It follows A may recover from X in a Mort d'Ancestor, while X having better right than A will recover from him in a proprietary action, in a Writ of Right.

Et

  1. The writ is often referred to in full in legal texts as habeas corpus ad subjiciendum (or more rarely ad faciendum, subjiciendum et recipiendum).
  2. It is just a writ of trespass vi et armis.

Chancery

  1. In 1875, the form of writ was altered so that it conformed more to the subpoena that had been in use in the Chancery.
  2. Thus we find one new writ of entry devised which is distinctly ascribed to the freedom of action left to the Chancery by the Statute of Westminster II, c.

Crown

  1. In 1980, the need for writs to be written in the name of the Crown was ended, from that date a writ simply required the parties to appear.
  2. Where a crown debtor has died a writ reciting his death, and so called diem clausit extremum, issues against his property.

Federal Courts

  1. In the United States federal courts, the writ is most often used to review the constitutionality of criminal convictions rendered by state courts.
  2. Moreover, it is not possible for a federal court to issue a prerogative writ against officers of that same court.

Novel

  1. For example, in 1256, a court was asked to quash a writ as "novel, unheard of, and against reason" (Abbot of Lilleshall v Harcourt (1256) 96 SS xxix 44).
  2. That is in the Preface to 8 Rep., in which book Coke reports two assizes of Novel Disseisin, one writ of dower and a formedon in the remainder.

English Law

  1. The term 'writ' has now largely passed into disuse in English law.
  2. 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.
  3. At any rate this principle took firm root in English law: no one need answer for his freehold without the king's writ.

Lands

  1. If a man claimed property in an advowson his remedy was by a Writ of Right closely resembling the Praecipe in capite for lands.
  2. CUI IN VITA. The name of a writ of entry for a widow against a person to whom the hushand had, in his lifetime, aliened the lands of the wife.
  3. A judicial writ touching a plea of lands and tenements.

Practice

  1. This latter writ is seldom used in practice.
  2. In county court practice the warrant corresponds generally to the writ of the supreme court.

Edw

  1. A special writ of entry for dower was given by 6 Edw.
  2. It has authority to examine by writ of err6r the proceedings of the king's bench, not so generally as that erected by the statute of Edw.

Old

  1. It fills the place of the old writ of assistance.
  2. Henceforward not only is the writ a simple writ of summons but there are no longer any "forms of action" in the old sense of the phrase.

Petition

  1. The judgment denying a petition for writ of mandate is affirmed.
  2. An inmate in state or federal prison asks for the writ by filing a petition with the court that sentenced him or her.

Scire Facias

  1. The term scire facias is the name both of the writ and the proceeding it instigates.
  2. In modern practice, the writ of scire facias is used in the enforcement and collection of judgments.
  3. However, the issue of patent validity may be tried before a jury, much like the old scire facias writ.

Possession

  1. A landlord who prevails in a forcible detainer action is entitled to a judgment for possession of the premises and a writ of possession.
  2. If A wants to recover possession he must bring an assize or a writ of entry, or a writ of right.
  3. A can recover damages, but if B proceeds to eject A, though A may recover damages he cannot recover possession of the land by this writ.

Prisoner

  1. The writ of habeas corpus, usually used to test the legality of a prisoner's detention, has expressly been preserved.
  2. The wording of the writ of habeas corpus implies that the prisoner is brought to the court in order for the legality of the imprisonment to be examined.
  3. If the prisoner is too sick or too weak to be transferred the jailer Must state this in eir response to the writ.

Recovery

  1. There is a writ for the recovery of a serf, a "nativus".
  2. If, then, a recovery might be had on a writ of right in the Court Baron, when the proceeding is adverse, much more might a common recovery be suffered.

Original Writ

  1. It has been suggested, that the words 'in suits at common law,' restrain the preceding words to proceedings between the original writ and judgment.
  2. This is of course not to be confounded with the old original writ of praecipe.
  3. The keynote of the form of action is struck by the original writ, the writ whereby the action is begun.

Early

  1. Early efforts to replace writ of habeas corpus with writ of have the body never caught on.
  2. Early U.S. law inherited the traditional English writ system, in the sense of a rigid set of forms of relief that the law courts were authorized to grant.
  3. Litigants only rarely used either the writ of right of advowson or the writ of darrein presentment after the early fourteenth century.

Issue Writ

  1. The Praecipe calls upon the Prothonotary to issue the writ of scire facias.
  2. This phrase derives from the fact that in order to hold an election in a parliamentary system the government must issue a writ of election.

Issued

  1. Once the writ is issued, it will be served upon the borrower by the sheriff.
  2. Mandamus: A writ issued by a court ordering a public official to perform an act.
  3. In law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction.
  4. 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.
  5. Parliament is summoned by the king's writ issued out of chancery by advice of the privy council.

Ex Rel

  1. Also bearing on the development of the use of the writ of error_coram_nobis in New York State, New York ex rel.
  2. This Court provided guidance as to when a writ of prohibition should issue in Syllabus Points 3 and 4 of State ex rel.

Prohibition

  1. One of the standard forms of the writ of prohibition concerned church court litigation about advowsons.
  2. Commissioners, 2 Bay 38 (S. C. 1796), the plaintiff sought a writ of prohibition restraining city commissioners from laying out a street, not damages.

Fieri Facias

  1. If the borrower fails to appear within 20 days after being served with the writ of scire facias, then the lender will obtain a default liberari judgment.
  2. Fieri Facias - A common law writ to enforce collection of a debt.
  3. Fieri facias - Writ authorizing execution of a judgment.

Abolished

  1. Some states continue to use writ procedures, such as quo warranto, that have been abolished as a procedural matter in federal courts.
  2. In many legal systems, this writ or terminology has been abolished but the same relief is available under more modern procedures.
  3. These proceedings were abolished and the writ de contumace capiendo substituted in 1817.

Writ

  1. There are Common Law concepts such as the Writ of Mandamus and Writ of Certiorari (each have an entry) as well as the more structured Writ of Habeas Corpus.
  2. In origin a writ was a letter, or command, from the King, or from some person exercising franchise jurisdiction.
  3. In eighteenth-century England, the writ was used to repeal letters patent.
  4. The execution orders the officer to make the sum mentioned in the writ out of the goods and chattels of the debtor.
  5. The courts that have eliminated the writ have found its complex procedures unsuited to the needs of modern society.

Categories

  1. Encyclopedia of Keywords > Society > Law
  2. Information > Reference > Sources > Documents
  3. Glossaries > Glossary of Legal Terms /
  4. Books about "Writ" in Amazon.com

Book: Keywen Category Structure


  Short phrases about "Writ"
  Originally created: November 25, 2007.
  Please send us comments and questions by this Online Form
  Please click on Move Up to move good phrases up.
0.0186 sec. a=1..