writ /'rit/ n [Old English, something written]
1: a letter that was issued in the name of the English monarch from Anglo-Saxon times to declare his grants, wishes, and commands
2: an order or mandatory process in writing issued in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act
◇ The writ was a vital official instrument in the old common law of England. A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend. Writs were also in constant use for financial and political purposes of government. While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari indicate its historical importance as an instrument of judicial authority.
alias writ: a writ issued upon the failure of a previous one
alternative writ: a writ commanding one to perform a mandated act or else to show cause why the act need not be performed compare peremptory writ in this entry
extraordinary writ: a writ granted as an extraordinary remedy at the discretion of the court in its jurisdiction over officials or inferior tribunals – called also prerogative writ; see also certiorari, habeas corpus, mandamus, procedendo, prohibition, quo warranto compare writ of right 2 in this entry
◇ Extraordinary writs were originally writs exercised by royal prerogative.
judicial writ: a writ issued by a court under its own seal for judicial purposes in the course of a proceeding or to enforce a judgment compare original writ in this entry
original writ: a writ formerly used in England that issued out of chancery as the means of bringing a suit and defendant before the court compare judicial writ in this entry
◇ The original writ was superseded by the summons in 1873.
peremptory writ: a writ (as of mandamus) that presents an absolute order without the alternative to show cause
a peremptory writ of prohibition compare alternative writ in this entry
pre·rog·a·tive writ /pri-'rä-gə-tiv-/: extraordinary writ in this entry
writ of assistance
1: a writ issued to a law officer (as a sheriff or marshal) for the enforcement of a court order or decree; esp: one used to enforce an order for the possession of lands
2: a writ provided for under British rule in colonial America that authorized customs officers to search unspecified places for any smuggled goods
◇ Many colonial courts refused to issue writs of assistance, which were a focus of bitter resentment against arbitrary searches and seizures. Opposition to such writs inspired the provision in the U.S. Constitution requiring that a search warrant describe with particularity the place and items to be searched.
writ of coram nobis: writ of error coram nobis in this entry
writ of error: a common-law writ directing an inferior court to remit the record of an action to the reviewing court in order that an error of law may be corrected if it exists
◇ The writ of error has been largely abolished and superseded by the appeal.
writ of error coram nobis: a writ calling the attention of the trial court to facts which do not appear on the record despite the exercise of reasonable diligence by the defendant and which if known and established at the time a judgment was rendered would have resulted in a different judgment
petitioned for a writ of error coram nobis on the ground that newly discovered evidence exonerated him – called also coram nobis, writ of coram nobis;
writ of right
1: a common-law writ formerly used to restore property held by another to its rightful owner
2: a writ granted as a matter of right compare extraordinary writ in this entry

Merriam-Webster’s Dictionary of Law. . 1996.

I noun bid, bidding, command, commandment, decree, decretal, dictate, direction, directive, fiat, mandate, order, ordinance, precept, regulation, requirement associated concepts: concurrent writ, judicial writ, original writ, preemptory writ, prerogative writ, writ of attachment, writ of certiorari, writ of covenant, writ of detinue, writ of error, writ of error coram nobis, writ of execution, writ of habeas corpus, writ of inquiry, writ of mandemus, writ of prohibition, writ of protection, writ of quo warranto, writ of replevin, writ of right II index brevet, canon, certificate, charge (command), citation (charge), direction (order), directive, document, habeas corpus, monition (legal summons), precept, process (summons), search warrant, subpoena, summons

Burton's Legal Thesaurus. . 2006

The document needed to commence an action in the High Court - 75% of writs issued are for debt recovery actions. Legal representation is required.

Easyform Glossary of Law Terms. — UK law terms.

A written command issued by a court or other authority ordering someone to do a particular act.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

something 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.

Collins dictionary of law. . 2001.

A written order from a judge requiring specific action by the person or entity to whom the writ is directed. Writs can be directed to other, lower court judges (writ of mandamus) to prison officials (writ of habeas corpus) and others.
Category: Criminal Law
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

Related links

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

n. The written order of a court in the name of the state or other legal authority ordering the person addressed to either do something or restrain from doing something.

Webster's New World Law Dictionary. . 2000.

An order issued by a court requiring that something be done or giving authority to do a specified act.

Dictionary from West's Encyclopedia of American Law. 2005.

An order issued by a court requiring that something be done or giving authority to do a specified act.
II A judicial order directing a person to do something.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

   a written order of a judge requiring specific action by the person or entity to whom the writ is directed.

Law dictionary. . 2013.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • Writ — Writ, n. [AS. writ, gewrit. See {Write}.] [1913 Webster] 1. That which is written; writing; scripture; applied especially to the Scriptures, or the books of the Old and New testaments; as, sacred writ. Though in Holy Writ not named. Milton. [1913 …   The Collaborative International Dictionary of English

  • writ — [rɪt] noun [countable, uncountable] LAW a document from a court that orders someone to do or not to do something: • A number of depositors issued a writ against the central bank, alleging that it had failed to exercise proper supervision. • an… …   Financial and business terms

  • writ — Form of written notice or command issued by a Court or other official. Can include writ of summons, writ of subpoena, writ of attachment, writ of habeas corpus, etc. (Dictionary of Canadian Bankruptcy Terms) United Glossary of Bankruptcy Terms… …   Glossary of Bankruptcy

  • writ — Ⅰ. writ [1] ► NOUN 1) a form of written command in the name of a court or other legal authority, directing a person to act or refrain from acting in a specified way. 2) (one s writ) one s power to enforce compliance or submission. ORIGIN Old… …   English terms dictionary

  • writ — writ1 [rit] vt., vi. archaic pt. & pp. of WRITE: now mainly in the phrase writ large, expressed, shown, or done on a larger scale or in a clearer or more emphatic way writ2 [rit] n. [ME < OE < writan: see WRITE] 1. Now Rare something… …   English World dictionary

  • Writ — Writ, obs. 3d pers. sing. pres. of {Write}, for writeth. Chaucer. [1913 Webster] …   The Collaborative International Dictionary of English

  • Writ — Writ, archaic imp. & p. p. of {Write}. Dryden. [1913 Webster] …   The Collaborative International Dictionary of English

  • Writ —   [rɪt, englisch] das, (s)/ s, ursprünglich ein schriftlicher Befehl des englischen Königs an einen Lehnsmann, heute im angelsächsischen Recht die mit dem Siegel eines Gerichts oder der Krone versehene, an eine Gerichts oder eine Privatperson… …   Universal-Lexikon

  • Writ — [ rit] der; [s], s <aus engl. writ »behördlicher Erlass«, verwandt mit altnord. rit u. got. writs> im alten engl. Recht jeder schriftliche Befehl des Königs an einen Lehnträger, dessen Nichtbeachtung als Felonie, d. h. als Treuebruch,… …   Das große Fremdwörterbuch

  • writ — (n.) O.E. writ something written, piece of writing, from the past participle stem of writan (see WRITE (Cf. write)). Used of legal documents or instruments since at least 1121 …   Etymology dictionary

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