Writ is a formal written order issued by a court in the name of the state or other competent authority commanding a party to whom it is addressed to do something or abstain from doing something.
Courts issued writs under common law to allow people to proceed with a legal action. Writs are also used to direct other courts and public authorities. Courts generally use writs to grant extraordinary relief to party, to grant the right of appeal, or to grant the sheriff the right for seizure of property. Common law writs are not in use in the U.S. civil law.
The All Writs Act authorizes United States federal courts to “issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” [28 USCS § 1651]. However, the Federal Rules of Civil Procedure, which governs civil procedure in the United States district courts, provide that there is only one form of action in civil cases, and explicitly abolish certain writs by name.
Courts provide extraordinary writs only when other remedies have failed. Examples of these types of writs are:
- Writ of Habeas Corpus: (Latin, “produce the body”) This writ is used to determine the legality of a person’s detention. It is a legal document by the court ordering anyone, who is officially detaining the petitioner, to bring the person before the court. Then the court would decide whether the detention is unlawful. In U.S federal courts, the writ is mostly used to review the constitutionality of criminal convictions rendered by state courts.
- Writ of Mandamus: (Latin, “we command”) This writ directs a public official or a government department to take an action. Court may issue the writ to any executive branch, legislative branch, and any lower courts to take particular actions ordered by the court.
- Writ of Prohibition: This writ directs a public authority not to take a specified action. Mostly the writ is issued by appellate courts to lower courts, ordering the lower courts to abstain from taking a proposed action.
- Writ of Certiorari: (Latin, “informed”) This writ is issued by an appellate court. The appellate court has discretionary power to hear an appeal from lower court. Decision of lower court will remain the same when the writ is denied. The Supreme Court of the U.S. issues the writ of certiorari to review cases from the U.S. courts of appeals or from the state courts. As per USCS Supreme Ct R 10 the review on a writ of certiorari is a matter of discretion. The writ is granted only when the U.S. Supreme Court feels that the subject matter is of imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in the Court.
- Writ of Quo warranto: This writ is issued when the state challenges the legality of using a public office, or other right that can be held or used under authority of the state. For example, writ of quo warranto can be used to remove a person holding an office illegally. The situation in the courts of the various U.S. states varies from state to state but is often similar to that in the federal courts. Some states continue to use writ of quo warranto that have been abolished as a procedural matter in federal courts.
This is how it would work in a Republic, if we still had one.
It’s only applicable at gunpoint these days, just as the commie agenda is.
Sh#tstorm comin’.
IT SURE IS BROTHER…………… “UNCHALLENGED”………………………
Hey Angel! 😀
Hey, #1! 😀
DO they look fake?
http://fromthetrenchesworldreport.com/cops-mistake-innocent-mans-license-fake-beat-arrest/200782
Great clip, Angel. Here’s the law right in front of us, in an old movie, but dang, here it is!
I like the solution
Mary, yep, I like that solution too!
As noted, they have sought to incorporate the writs into the civil law, but the fact is we the people as individual sovereigns are the highest authority.
When the common law court acts it is the individual’s will through the individual’s jurisdiction that is the authority. We as individuals are the highest authority in this country and all those pretending to control the writ, we command via the writ.
“Common law writs are not in use in the U.S. civil law. ”
That clip you posted, Henry, is bone chilling.
An American National exercising his sovereign authority.
😀 😉 😀
Our Bill of Rights is a reminder of the common sense that we as a people/nation(not person)ought to know, and do know!
A f!@king piece of paper is a piece of paper!
It is just there until some fuckhead burns it!
But it is still there 🙂
Get mad if you will…
I like this scene a lot!
Don’t think I quite understand what should make me mad, but I will say this is supposed to be a republic with an emphasis on the rights of the individual. And the rights aren’t a piece of paper, they are alive in each individual and in order for them to be common for the nation they would have to be common for the individual.
Henry, what happened to sir david andrew? his web sites are down or rather up for sell. I have at least 4 e-mail addresses for him and have not got a reply in many months and does not answer phone either. I have spoke with him on many occasions and remember him speaking highly of you. That is why I am asking you, in hopes you can shed some light on if he is ok or not.
Sir David passed away some months back.
Sorry to hear this, David was good people, can you give any more info or link
I know no more. I learned of David’s passing when Don Beotcher announced it on The Intelligence Report. I guess you could call into the program and ask him. He does have a website for his night vision, though I do not know if he directly answers emails. The site is ydtoe.us His phone number is on his site and Don is pretty good about answering the phone.
Best I can do.