writ
writ 1
W0240500 (rĭt)writ 2
W0240500 (rĭt)writ
(rɪt)writ
(rɪt)writ1
(rɪt)n.
writ2
(rɪt)v. Archaic.
writ
| Noun | 1. |  writ - (law) a legal document issued by a court or judicial officer |
| 单词 | writ | |||||||
| 释义 | writwrit 1W0240500 (rĭt)writ 2W0240500 (rĭt)writ(rɪt)writ(rɪt)writ1(rɪt)n. writ2(rɪt)v. Archaic. writ
writwritdrop the writwrit large(one's) writ runswrit largewrit largeclear and obvious.your writ runsyou have authority of a specified extent or kind.ˌwrit ˈlarge(literary)1 easy to see or understand: Mistrust was writ large on her face. 2 (used after a noun) being a larger or more obvious example of the thing mentioned: The party’s new philosophies are little more than their old beliefs writ large. writ largewritwrit,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. ..... Click the link for more information. 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. ..... Click the link for more information. 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. ..... Click the link for more information. . The term writ usually is not applied to other types of compulsory process in current use. writwritWritAn order issued by a court requiring that something be done or giving authority to do a specified act. The development of English Common Law relied on the courts to issue writs that allowed persons to proceed with a legal action. Over time the courts also used writs to direct other courts, sheriffs, and attorneys to perform certain actions. In modern law, courts primarily use writs to grant extraordinary relief, to grant the right of appeal, or to grant the sheriff authority to seize property. Most other common-law writs were discarded in U.S. law, as the courts moved to simpler and more general methods of starting civil actions. U.S. courts commonly use several extraordinary writs, which are issued only when the courts believe that usual remedies have failed. The writ of Habeas Corpus, sometimes called the "great writ," is probably the best-known example of a writ. A writ of habeas corpus is a legal document ordering anyone who is officially holding the petitioner (the person requesting the writ) to bring him into court to determine whether the detention is unlawful. A federal court can hear an application for a writ of habeas corpus by a state prisoner who is being held in custody, allegedly in violation of the U.S. Constitution or the laws of the United States. The writ of Mandamus is an extraordinary writ that directs a public official or government department to take an action. It may be sent to the Executive Branch, the legislative branch, or a lower court. The famous case of Marbury v. Madison, 5 U.S. (1 Cranch) 137, 2 L. Ed. 60 (1803), which established the right of Judicial Review of congressional statutes, was an action for a writ of mandamus. William Marbury asked the court to issue the writ to Secretary of State James Madison, commanding him to deliver his judicial commission. The Court, however, refused to issue the writ of mandamus. The writ of prohibition is another extraordinary writ and is the opposite of a writ of mandamus, because it commands a government official not to take a specified action. The most common use of the writ is by an appellate court to a lower court, commanding the lower court to refrain from a proposed action. For example, a trial court might grant a request by the news media to release information from a court file. A defendant who objects to the release could petition for a writ of prohibition from the court of appeals. If the appellate court issues the writ, the trial court may not release the information. The writ of certiorari is an extraordinary writ issued by an appellate court that is used by that court when it has discretion on whether to hear an appeal from a lower court. If the writ is denied, the lower court decision remains unchanged. The U.S. Supreme Court has used the petition and writ of certiorari to control its caseload since 1925. The extraordinary writ of Quo Warranto starts a proceeding in which the state challenges the legality of the use of an office, franchise, charter, or other right that can be held or used under authority of the state. For example, a writ of quo warranto would be used to remove a person who illegally holds public office, or to nullify an illegal amendment to a municipal charter. A writ of attachment is a court order used to force obedience to another order or a judgment of the court. It was originally used to order a sheriff or law enforcement officer to take a disobedient party into custody and to bring her before the court to answer for the Contempt. In modern law, a writ of attachment orders seizure of the defendant's property rather than the defendant's person to secure the satisfaction of a judgment that has not yet been secured. Modern law limits the scope and effect of attachment procedures to safeguard the defendant's rights to liberty and Due Process of Law. A writ of execution may be issued after a plaintiff wins a judgment in a civil case and is awarded damages. The writ directs the sheriff to take the property of the defendant in satisfaction of the court-imposed debt. A writ of entry is an instrument used in an action brought to recover land wrongfully withheld from the true owner or tenant entitled to possession and use of the land. It establishes who is entitled to possession of a parcel of land but does not settle the issue of who is the true owner. The central inquiry is which of the two individuals has the superior right of possession and use of the land at the time of the action. To determine the priority of the rights of the parties fighting over land, the court must consider how and when each individual acquired ownership or possession. In general, modern laws permit the recovery of monetary damages for rent or abuse of property, as well as recovery of possession of the land. The individual who has been in possession of the land may be compensated for any improvements he has made in the property. The writ of entry is used in only a few states to recover the possession of land. It has been replaced by the action to recover possession of real property. A writ of error is an order issued from an appellate court directed to the judge of a lower court, mandating the judge to release the trial record of an action in which the judge has entered a final judgment. The appellate court issues the writ so that it may review the case and either reverse, correct, or affirm the lower-court decision. Most states have replaced the writ of error with a simpler appellate document, usually called the notice of appeal. Cross-referencesProhibition, Writ of. writn. a written order of a judge requiring specific action by the person or entity to whom the writ is directed. writsomething in writing. More specially, 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. See, for example, CERTIORARI, MANDAMUS, INITIAL WRIT.DE ARBITRATIONE FACTA, WRIT. In the ancient English law, when an action was brought for the same cause of action which had been before settled by arbitration, this writ was brought. Wats. on Arb. 256. DE WARRANTIA DIEI, WRIT, Eng. law. Where a man is required to appear on a certain day in person, and before that day the king certifies that the party is in the king's service, he may sue this writ, commanding the justices not to record his default for that day for the cause before mentioned. F. N. B. 36. WRIT, practice. A mandatory precept issued by the authority, and in the name of the sovereign or the state, for the purpose of compelling the defendant to do something therein mentioned. WRIT, ORIGINAL, practice, English law. An original writ is a mandatory letter issuing out of the court of chancery under the great seal and in a king's name, directed to the sheriff of the county where the injury is alleged to have been committed, containing a summary statement of the cause of complaint, and requiring him in most cases, to command the defendant to satisfy the claim; and, on his failure to comply, then to summon him to appear in one of the superior courts of common law, there to account for his non-compliance. In some cases, however, it omits the former alternative, and requires the sheriff simply to enforce the appearance. Steph. Pl. 5. WritWritWRIT
writ
Synonyms for writ
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