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Encyclopedia > Prohibition (writ)

A writ of prohibition, in the United States, is an official legal document drafted and issued by a supreme court or superior court to a judge presiding over a suit in an inferior court. The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall within that inferior court's jurisdiction. The document is also issued at times when it is deemed that an inferior court is acting outside the normal rules and procedures in the examination of a case. In another instance, the document is issued at times when an inferior court is deemed headed towards defeating a legal right. The supreme court in some countries, provinces, and states, functions as a court of last resort whose rulings cannot be challenged. ... In law, and more specifically, in the Anglo-American common law legal tradition, a superior court is a court of general jurisdiction over all, or major, civil and criminal cases. ... A judge or justice is an official who presides over a court. ... In law, jurisdiction from the Latin jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. ...

In criminal proceedings, a defendant who has been committed for trial may petition to the superior court for a writ of prohibition, in this case on the ground that his conduct, even if proven, does not constitute the offense charged.

Prohibition: is also generally limited to appellate courts, who use it to prevent lower courts from exceeding their jurisdiction. A writ of prohibition is used to prevent an inferior court from exceeding its jurisdiction or acting contrary to the rules of natural justice.It’s issued by superior court to inferior court preventing inferior court from usurping a jurisdiction with which it was not legally vested ( or to compel inferior court to keep within the limits of its jurisdiction).

Writ issued in both cases where excess of jurisdiction and where there is absence of jurisdiction.Prohibition has much common with certiorary. Both the writ are issued with the object of preventing the inferior courts from exceeding their jurisdiction. Difference between prohibition and certiorary: When an inferior court takes up for hearing a matter over which it has no jurisdiction , the person against whom the proceedings are taken , can move to the superior courts for a writ of prohibition, and on that an order will issue forbidding the inferior court from continuing the proceedings. Prohibition to prevent the court to proceed further.

While in certiorary…

If the court hears the cause or matter and gives a decision , the party who aggrieved would’ve to move the superior court for a writ of certiorary on that and order will be made quashing the decision on the grounf of jurisdiction. (ie. In this the inferior court has a jurisdiction). Certiorari for quashing what had already been decided.

Prohibition and certiorari lies only against judicial and quasi-judicial bodies. It doesn’t lie against public authority in an executive or administrative capacity nor a legislative body.

  Results from FactBites:
Litigation Documents: Florida: Petition For Writ Of Prohibition (4768 words)
Petitioner seeks issuance of a writ of prohibition directed to the trial court, which prevents the trail court from proceeding with trial of this case prior to the actual identification of each individual Medicaid recipient for which the State made expenditures and is seeking recovery.
Indeed, this application for a writ of prohibition is no different from an application for a writ of prohibition to prohibit a trial in violation of the speedy trial rule.
Accordingly, this Court should issue a writ of prohibition, preventing the trial court from proceeding with the trial of this case before the State identifies each individual Medicaid recipient for which the State made expenditures and is seeking recovery.
Encyclopedia4U - Prohibition - Encyclopedia Article (692 words)
Prohibition was the period between 1919 and 1933 in the United States, when the manufacture, purchase, transportation, import, export, and sale of alcoholic beverages was prohibited by the Volstead Act (which became law on January 16, 1920), enforcing Amendment 18 to the United States Constitution (which became law on January 16, 1919).
Prohibition went into effect on January 16, 1920, was backed up by enforcement legislation with the October 28, 1920 passage of the Volstead Act and was finally abolished by passage of the Blaine Act on February 17, 1933.
While national Prohibition did much to reduce the consumption of alcoholic beverages by Americans, they were still widely available at speakeasies and other underground drinking establishments, and many people kept private bars to serve their guests.
  More results at FactBites »



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