writ

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writ,

in law, written order issued in the name of the sovereign or the state in connection with a judicial or an administrative proceeding. Usually the writ requires the person to whom the command is issued to report at a fixed time (the return day) with proof of compliance or a justification for disobedience. Apparently the exchequer was the first royal office in England to issue writs in transacting its business. The common-law courts, which administered justice for the king, found their required authorization to take a case in the original writ issued out of the chancery. The original writ (or original process) was essentially an order to the defendant to satisfy the plaintiff's demand or stand trial. Orders issued in the course of the trial (e.g., to produce a witness) were writs of mesne (middle) process. At the end of the case the successful plaintiff would be awarded a writ of execution (a type of final process) to carry the judgment into effect. The original writs were extremely limited in number. The Statute of Westminster (1285), which permitted the chancery to vary the terms of the existent writs slightly but forbade the issuance of new writs, in time worked great hardships. However, the principle, "no writ, no right" was at least partially overcome by the development of equityequity,
principles of justice originally developed by the English chancellor. In Anglo-American jurisprudence equitable principles and remedies are distinguished from the older system that the common law courts evolved.
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 as a separate system of justice. By the 18th cent. the use of original writs fell into disuse and cases were initiated by service of a summons. Several of the prerogative writs (writs issued as a matter of sovereign right) still survive, notably habeas corpushabeas corpus
[Lat.,=you should have the body], writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a specified place for a specified purpose.
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 and mandamusmandamus
[Lat.,=we order], in law, writ directing the performance of ministerial acts. A ministerial act is one that a person or body is obliged by law to perform under given circumstances; e.g.
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. The term writ usually is not applied to other types of compulsory process in current use.

writ

1. Law (formerly) a document under seal, issued in the name of the Crown or a court, commanding the person to whom it is addressed to do or refrain from doing some specified act
2. Archaic a piece or body of writing
References in periodicals archive ?
In its 14-page letter petition, the Center for International Law asked the high court to create a Writ 'Contra Homo Sacer,' which it said will allow a new mandatory inquest procedure to address the increasing extrajudicial killings from police or vigilante operations.
She was accompanied by the Acting Returning Ocer, Martin Swales, who is responsible for the conduct of the general election and the return of the writs con-rming the names of the elected Members of Parliament.
1) While practitioners use writs to seek immediate appellate review of decisions, writs practice cannot be used to enlarge the jurisdiction of a court.
34) The IAD is not, however, the exclusive means by which prosecutors may obtain custody of prisoners in another jurisdiction as the agreement does not preclude the use of writs ad prosequendum.
Evidence of the rarity of federal extraordinary writs can be found on the website for the Administrative Office for the United States Courts (AOUSC).
VICTIMS campaigner Willie Frazer serves a writ on republican godfather Slab Murphy yesterday.
Two separate writs were said to have been lodged by the eight men.
The medieval courts that issued writs of habeas corpus were concerned as much with their own jurisdiction as with the liberty interests of the detained prisoner.
A Writ is a written order from upon high to cease and desist an action.
Janis Wilton, of the Royal Mail's South Bank delivery office handed over the writs.
Marshall also said that the Judiciary Act of 1789 did permit the Supreme Court to issue writs of mandamus, as Marbury had argued.