meaning of the writ
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- Definition of WRIT: A precept in writing, couched in the form of a letter, running in the name of the king, president, or state, issuing from a court of justice, and sealed wi The Law Dictionary Featuring Black's Law Dictionary Free Online Legal Dictionary 2nd Ed.
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execution Ordinarily, execution is achieved through a legal device known as a writ of execution. The writ serves as proof of the property owed by the defendant, who is called the Judgment Debtor, to the plaintiff, or Judgment Creditor.
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- WRIT OF HABEAS CORPUS definition - Detained person's attorney uses this writ to force police to bring the person to court and challenge legality of detention. WRIT OF HABEAS CORPUS definition - Detained person's attorney uses this writ to force police to bring the person to court and challenge legality of detention. Skip to primary navigation Skip to content
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Questions In most modern American jurisdictions, a writ is an order from a higher court to a lower court or to a government official such as a prison warden. Defendants may seek several types of writs from appellate judges directed at the trial court or at a lower appellate court. Writs, like appeals, are complex and involve picky details.
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habeas corpus HABEAS CORPUS, remedies A writ of habeas corpus is an order in writing, signed by the judge who grants the same, and sealed with the seal of the court of he is a judge, issued in the name of the sovereign power where it is granted, by such a court or a judge thereof, having lawful authority to issue the same, directed to any one having a person in his custody or under his restraint, commanding him to produce, such person at a certain time and place, and to state the reasons why he is held in ...
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Writ In its earliest form a writ was simply a written order made by the English monarch to a specified person to undertake a specified action, for example in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. 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. 2  Thus, the higher court transfers the case to itself.
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Background Writs of Certiorari. Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case. The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review. The Court usually is not under any obligation to hear these cases, and it usually only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value.
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injunction An injunction is a prohibitory writ, specially prayed for by a bill, in which the plaintiff's title is set forth, restraining a person from committing or doing an act (other than criminal acts) which appear to be against equity and conscience.
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LAW 3 a petition for a writ of certiorari what is a writ of certiorari a request by the losing party in the court of appeals for permission to file an appeal with the US supreme court art III sec 2 of the constitution states
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Certiorari Certiorari is sometimes informally referred to as cert., and cases warranting the Supreme Court's attention as cert. worthy. The granting of a writ does not necessarily mean that the Supreme Court disagrees with the decision of the lower court.
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Writ In its earliest form a writ was simply a written order made by the English monarch to a specified person to undertake a specified action, for example in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time.
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What is the difference originating summon and writ summon? What does an amended writ of summons mean? A writ of summons is a paper issuing out of a court (writ) which  calls upon someone to appear (it summons them). In some  jurisdictions, civil actions are started by presen…ting a writ to  the court which is then served upon the defendant. The writ will  state the basis in fact and law of the complaint.
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attachment The legal process of seizing property to ensure satisfaction of a judgment. The document by which a court orders such a seizure may be called a writ of attachment or an order of attachment. Originally, the main purpose of attachment was to coerce a defendant into appearing in court and answering the plaintiff's claim.
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- Related Legal Terms & Definitions. CLAIM A claim is a challenge of the ownership of a thing which a man has… ORIGINAL WRIT practice, English law. An original writ is a mandatory letter issuing out of the court… STATEMENT pleading and in practice. In all cases where a suit may be brought in any… PLENARY Full, complete. 2.
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Writ of Certiorari A Writ of Certiorari orders a lower court to forward all documents in a case it has heard to the higher court for review. While this is most commonly used by the U.S. Supreme Court, other courts, such as the U.S. Court of Appeals, state supreme courts, and state courts of appeal, may issue such a writ.
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Writ Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (September 2008) In common law, a writ is an informal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs and subpoenas are common types of writ but many forms exist and have existed.
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What is Habeas Corpus? The writ of habeas corpus is an extraordinary remedy because it gives a court the power to release a prisoner after the prisoner has been processed through the criminal justice system, with all its procedural safeguards and appeals.
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- AND OTHER PROPERTY. The Writ of Garnishment delivered to you with this Notice means that wages, money, and other property belonging to you have been garnished to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, OR PROPERTY.1) Upon application for a writ of garnishment by a plaintiff, if the defendant is an individual, the clerk of the court shall attach to the writ the following “Notice to Defendant”:
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Nonhuman Rights and the Writ De Homine Replegiando: An Interview with Blake M. Mills The writ de homine replegiando, like the writ of habeas corpus, is a legal tool used to challenge an illegal detention, but with important differences.
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Writs of Assistance The writs were first introduced in Massachusetts in 1751 to strictly enforce the Acts of Trade, the governing rules for commerce in the British Empire. Merchants in much of New England were skillful at evading the system and many had become masters of smuggling.
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Mandamus A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. (See, e.g. Cheney v. United States Dist.
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Mandamus Definition: A writ of mandamus issues to correct a clear abuse of discretion when no adequate remedy at law exists.. In Aunton, Justice Allan wrote: An order of mandamus compels the performance of a statutory duty owed to the applicant....
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- Service of Process Writ of Attachment A writ of attachment is a form of prejudgment process in which the court orders the seizure or attachment of property specifically described in the writ. Such property is seized and maintained in the custody of a designated official, usually the U.S. Marshal, under order and supervision of the court.
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- issue/serve a writ The company served a writ on the newspaper for publishing false accusations. be served with a writ The author has been served with a writ which he will be contesting. (Definition of “writ” from the Cambridge Business English Dictionary © Cambridge University Press) Translations of “writ”
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- 1. a rule or principle for action. 2. a guide or rule for morals; maxim. 3. a direction, esp for a technical operation. 4. (Law) law. a. a writ or warrant. b. a written order to a sheriff to arrange an election, the empanelling of a jury, etc.
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writ Definition of writ for Students. : an order in writing signed by an officer of a court ordering someone to do or not to do something.