FACTOID # 3: South Carolina has the highest rate of violent crimes and aggravated assaults per capita among US states.
 
 Home   Encyclopedia   Statistics   States A-Z   Flags   Maps   FAQ   About 
   
 
WHAT'S NEW
RELATED ARTICLES
People who viewed "Writ" also viewed:
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Writ

In law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction. In modern usage, this public body is normally a court. Warrants, prerogative writs, and subpoenas are types of writs, but there are many others. Image File history File links Broom_icon. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area... A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... In law, a warrant can mean any authorization. ... In English law, the prerogative writs are a class of writs originally available only to the Crown, but which were later made available to the kings subjects through the courts. ... A subpoena is a writ commanding a person to appear under penalty (from Latin). ...

Contents

English law

History

In origin a writ was a letter, or command, from the King, or from some person exercising franchise jurisdiction. Early writs were usually written in Latin and royal writs were sealed with the Great Seal. At a very early stage in the English common law, a writ became necessary, in most cases, to have a case heard in one of the Royal Courts, such as the King's Bench or Common Pleas. Some franchise courts, especially in the Counties Palatine, had their own system of writs that often reflected or anticipated the common law writs. The writ would act as a command that the case be brought before the court issuing the writ, or it might command some other act on the part of the recipient. In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area... The Great Seal of the Realm is a British institution by which the monarch can authorise official documents without having to sign each document individually. ... One of the ancient courts of England, the Kings Bench (or Queens Bench when the monarch is female) is now a division of the High Court of Justice of England and Wales. ... In United States jurisprudence, Court of Common Pleas is a term referring to a court of certain jurisdiction. ... A County palatine is an area ruled by an count palatine (or earl palatine); with special authority and autonomy from the rest of the kingdom. ...


Where a plaintiff wished to have a case heard by a local court, or by an Eyre if one happened to be visiting the County, there would be no need to obtain a writ. Actions in local courts could usually be started by an informal complaint, which may not necessarily need to be written down. A plaintiff, also known as a claimant or complainer, is the party who initiates a lawsuit (also known as an action) before a court. ... Eyre may mean: a circuit traveled by an itinerant justice in medieval England, or the circuit court he presided over [1] Places named Eyre include: Eyre Highway Eyre Bird Observatory Eyre Peninsula Lake Eyre; also Lake Eyre Basin and Lake Eyre National Park Eyre, Isle of Skye variant of Éire...


However if a plaintiff wished to avail themselves of Royal -- and by implication superior -- justice in one of the King's courts, then they would need a writ, a command of the King, to enable them to do this. Initially for common law, recourse to the King's courts was unusual, and something for which a plaintiff would have to pay. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...


For Royal Courts, the writ would usually have been purchased from the Chancery, although the court of the Exchequer, being in essence another government department, was able to issue its own writs. One of the courts of equity in England and Wales. ... The Exchequer of Pleas or Exchequer was one of the three common-law courts of Medieval and Early Modern England. ...


While originally writs were exceptional, or at least non-routine devices, Maitland suggests that by the time of Henry II, the use of writs had become a regular part of the system of royal justice in England. Frederic William Maitland (May 28, 1850 - December 19, 1906) was an English jurist and historian. ... Henry II of England (5 March 1133 – 6 July 1189) ruled as Count of Anjou, Duke of Normandy, and as King of England (1154–1189) and, at various times, controlled parts of Wales, Scotland, eastern Ireland, and western France. ...


At first, new writs could be drafted to fit new situations, although in practice the clerks of the Chancery would re-use old forms, and there were many books which were collections of forms of writ, much as in modern times lawyers frequently use fixed precedents or boilerplate, rather than re-inventing the wording of a legal document each time they wish to create one.


The problem with this approach was that the ability to create new writs amounted to the ability to create new forms of action. A plaintiff's rights (and by implication those of a defendant) would be defined by the writs available to them: the ability to create new writs was close to the ability to create new rights, a form of legislation.


There was increasing opposition to the creation of new writs by the Chancery. 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). For broader historical context, see 1250s and 13th century. ...


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. 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. In 1258 a group of barons, led by Simon de Montfort, 6th Earl of Leicester, forced King Henry III of England to accept a new form of government in which power was placed in the hands of a council of 15 members who were to supervise ministerial appointments, local administration... The Forms of Action were the different procedures by which a legal claim could be made in the early history of the English common law. ...


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. 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 was a summons from the Crown, to the parties in the action, with on its back the substance of the action set out, together with a 'prayer', which requested a remedy from the court (for example damages). Year 1832 (MDCCCXXXII) was a leap year starting on Sunday (link will display the full calendar) of the Gregorian Calendar (or a leap year starting on Friday of the 12-day slower Julian calendar). ... 1833 was a common year starting on Tuesday (see link for calendar). ... A subpoena is a writ commanding a person to appear under penalty (from Latin). ...


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.


Writs applied to claims that were to be issued in one of the courts that eventually formed a part of the High Court of Justice. The procedure in a County Court, which was a creature of statute, was to issue a 'summons'. Her Majestys High Court of Justice (known more simply as the High Court) is, together with the Crown Court and the Court of Appeal, part of the Supreme Court of England and Wales in England and Wales: see Courts of England and Wales. ... Crown Court and County Court in Oxford. ...


In 1999 the Woolf reforms unified most of the procedure of the Supreme Court and the County Court in civil matters. Most actions could be begun by the completion of a 'Claim Form'. The term 'writ' has now largely passed into disuse in English law.


Dropping the writ

In some Westminster, and some other parliamentary systems, the phrase 'dropping the writ' refers to the dissolution of government and the beginning of an election campaign to form a new House. 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. The Houses of Parliament in London The Westminster system is a democratic, parliamentary system of government modeled after that of the United Kingdom system, as used in the Palace of Westminster, the location of the Parliament of the United Kingdom. ... A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modelled after that of the United Kingdom. ... A political campaign is an effort to reach a certain political goal. ... A writ of election is a writ issued by the government ordering the holding of a special election for a governmental office. ...


References

  • Maitland F. W. The Forms of Action at Common Law. Cambridge University Press 1962.
  • Baker, J. H. An Introduction to English Legal History. Butterworths 1990. ISBN 0-406-53101-3
  • Milsom, S. F. C. Historical Foundations of the Common Law (second edition). Butterworths 1981. ISBN 0-406-62503-4

United States law

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. In the United States federal court system, the All Writs Act (28 U.S.C. ยง 1651) authorizes courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law". However, the Federal Rules of Civil Procedure, which were adopted in 1938 to govern civil procedure in the United States District Courts, provide that there is only one form of action in civil cases, and explicitly abolish certain writs by name. Relief formerly available by a writ is now normally available by a civil action or a motion in a pending civil action. Nonetheless, a few writs have escaped abolition and remain in current use in the U.S. federal courts: The law of the United States is derived from the common law of England, which was in force at the time of the Revolutionary War. ... A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... ... Title 28 is the portion of the United States Code (federal statutory law) that governs the Federal Judicial System. ... The Federal Rules of Civil Procedure (FRCP) govern civil procedure in the United States district courts, or more simply, court procedures for civil suits. ... Year 1938 (MCMXXXVIII) was a common year starting on Saturday (link will take you to calendar). ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ... Map of the boundaries of the United States Courts of Appeals and United States District Courts The United States district courts are the general trial courts of the United States federal court system. ... The Forms of Action were the different procedures by which a legal claim could be made in the early history of the English common law. ... A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ... This article is in need of attention from an expert on the subject. ...

  • The writ of habeas corpus, usually used to test the legality of a prisoner's detention, has expressly been preserved. In the United States federal courts, the writ is most often used to review the constitutionality of criminal convictions rendered by state courts.
  • By statute, the Supreme Court of the United States uses the writ of certiorari to review cases from the United States Courts of Appeals or from the state courts.
  • In extraordinary circumstances, the United States Courts of Appeals can use the common-law writ of prohibition under the All Writs Act to control proceedings in the District Courts.
  • Some courts have held that in rare circumstances in a federal criminal case, a United States District Court may use the common-law writ of error coram nobis under the All Writs Act to set aside a conviction when no other remedy is available.
  • The United States District Courts normally follow state-court practice with respect to certain provisional remedies and procedures for enforcement of civil judgments, which may include writs of attachment and execution, among others.

Certain other writs are available in theory in the United States federal courts but are almost never used in practice. In modern times, the All Writs Act is most commonly used as authority for federal courts to issue injunctions to protect their jurisdiction or effectuate their judgments. In common law, habeas corpus (/heɪbiÉ™s kɔɹpÉ™s/) (Latin: [We command that] you have the body) is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties/Parishes/Boroughs, Cities, and Towns Other countries Politics Portal      A U.S. state is any one of the fifty subnational entities of... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... Certiorari (pronunciation: sÉ™r-sh(Ä“-)É™-ˈrer-Ä“, -ˈrär-Ä“, -ˈra-rÄ“) is a legal term in Roman, English and American law referring to a type of writ seeking judicial review. ... The United States Courts of Appeals (or circuit courts) are the mid-level appellate courts of the United States federal court system. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... 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. ... A writ of error coram nobis is a writ which is used to inform a court (usually an appeals court) of facts not on the record despite due dilligence by the party filing the writ (the petitioner). ... Provisional Remedy is a temporary order made by a judge or an arbitrator to preserve the status quo between disputing parties until final disposition of a matter can occur. ... A judgment or judgement (see spelling note below), in a legal context, is synonymous with the formal decision made by a court following a lawsuit. ... Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transfered to the creditor, or sold for the benefit of the creditor. ... Look up Injunction in Wiktionary, the free dictionary. ...


The situation in the courts of the various U.S. states varies from state to state but is often similar to that in the federal courts. Some states continue to use writ procedures, such as quo warranto, that have been abolished as a procedural matter in federal courts. Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties/Parishes/Boroughs, Cities, and Towns Other countries Politics Portal      A U.S. state is any one of the fifty subnational entities of... Quo warranto (Medieval Latin for by what warrant?) is one of the prerogative writs, the one that requires the person to whom it is directed to show what authority he has for exercising some right or power (or franchise) he claims to hold. ...


In an attempt to purge Latin from the language of the law, California law has for many years used the term writ of mandate in place of writ of mandamus, and writ of review in place of writ of certiorari. Early efforts to replace writ of habeas corpus with writ of have the body never caught on. Latin is an ancient Indo-European language originally spoken in Latium, the region immediately surrounding Rome. ... Official language(s) English Capital Sacramento Largest city Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ...


Other writs you may see:

  • Writ of Bodily Attachment: A writ commanding law enforcement to physically bring in a person in contempt of court. Evidently, you cannot get out of this writ just by paying the fine, the court can hold you up to 48 hours to meet with the person issuing the writ directly.

Indian law

  • The writ of prohibition is issued by a higher court to a lower court prohibiting it from taking up a case because it falls outside the jurisdiction of the lower court. In doing so, the higher court seeks a transfer of the case to itself
  • The writ of habeas corpus means 'let us have the body'. It is a writ issued to a detaining authority to produce the detained person in court to know cause for detention. If the detention is found to be illegal, the court issues an order to set the person free.
  • The writ of certiorari is one of the writs issued by the High Court or the Supreme court to protect the Fundamental rights of the citizens. It is issued to a lower court directing it that the record of a case be sent up for review with all the files, evidence and documents with an aim to overrule the judgement of the lower court.
  • The writ of mandamus is an order of a court of law issued to a subordinate court or an officer of government or a corporation or any other institution commanding the performance of certain acts or duties.
  • The writ of quo warranto is issued against a person who claims or usurps a public office. Through this writ the court inquires 'by what authority' the person supports his or her claim.

  Results from FactBites:
 
Writ - Wikipedia, the free encyclopedia (1609 words)
While originally writs were exceptional, or at least non-routine devices, Maitland suggests that by the time of Henry II, the use of writs had become a regular part of the system of royal justice in England.
A writ was a summons from the Crown, to the parties in the action, with on its back the substance of the action set out, together with a 'prayer', which requested a remedy from the court (for example damages).
Writs applied to claims that were to be issued in one of the courts that eventually formed a part of the High Court of Justice.
Writ - definition of Writ in Encyclopedia (1280 words)
The writ would usually have been purchased from the Chancery, although the court of the Exchequer, being in essence another government department, was able to issue its own writs.
While originally writs were exceptional, or at least non-routine devices, Maitland suggests that by the time of Henry II, the use of writs had become a regular part of the system of justice in England.
In the United States federal court system, the All Writs Act (28 U.S.C. 1651) authorizes courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law".
  More results at FactBites »

 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m