Explain the term writ. What do you mean by the following writs?
(a) Habeas Corpus
(b) Mandamus
(c) Prohibition
(d) Certiorari
(e) Quo-Warranto
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Answers
writ of habeus corpus means in Latin:
"you may have the body"
it provides remedy to a person who has been wrongfully detained.The person who detained him is asked. the reason for arrest and the person detained is to be presented before a magistrate.
Mandamus in Latin means "we command"
this writ compels an inferior court or individual to perform their duty.
Writ of quo warranto asks an official by whose authority he holds that office.If he obtained the office corruptly the office is vacated.
writ of prohibition is issued to inferior court to prevent it from exercising power it is not legally vested with.
writ of certiorari is given to inferior court by superior court so that the inferior court hands over the record of a case to superior court
The Writ of prohibitionmeans to forbid or to stop and it is popularly known as 'Stay Order'.A legal proceeding during which an individual's right to hold an office or governmental privilege is challenged. In old English practice, the writ of quo warranto—an order issued by authority of the king—was one of the most ancient and important writs.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.The Judiciary Act of 1789 authorized the Supreme Court to “issue writs of mandamus… to persons holding office under the authority of the United States.” ... Therefore, according to the Constitution, the Supreme Court did not have the authority to exercise its original jurisdiction in this case.A writ of habeas corpus (which literally meansto "produce the body") is a court order to a person or agency holding someone in custody (such as a warden) to deliver the imprisoned individual to the court issuing the order and to show a valid reason for that person's detention.The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."