Writ in the context of "Retinue"

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⭐ Core Definition: Writ

In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and certiorari are common types of writs, but many forms exist and have existed.

In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era, a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a specific place and time. An early usage survives in the United Kingdom, Canada, Australia, and some other Commonwealth countries in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or state governors for state elections) to local officials to hold a general election. Writs were used by the medieval English kings to summon people to Parliament (then consisting primarily of the House of Lords) whose advice was considered valuable or who were particularly influential, and who were thereby deemed to have been created "barons by writ".

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Writ in the context of Legal instrument

Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidences that act, process, or agreement. Examples include a certificate, deed, bond, contract, will, legislative act, notarial act, court writ or process, or any law passed by a competent legislative body in domestic or international law. Many legal instruments were written under seal by affixing a wax or paper seal to the document in evidence of its legal execution and authenticity (which often removed the need for consideration in contract law). However, today, many jurisdictions have abolished the requirement for documents to be under seal in order for them to have legal effect.

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Writ in the context of Politics of India

The politics and government of India work within the framework of the country's Constitution, which was adopted on November 26, 1949, by the Constituent Assembly. It came into effect on January 26, 1950. India is a parliamentary secular democratic republic, described as a “sovereign, socialist, secular democratic republic” in its constitution, in which the president of India is the head of state and first citizen of India and the Prime Minister of India is the head of government. It is based on the federal structure of government, although the word is not used in the Constitution itself. India follows the dual polity system, i.e. federal in nature, that consists of the central authority at the centre and states at the periphery. The Constitution defines the organizational powers and limitations of both central and state governments; it is well recognised, fluid (with the Preamble of the Constitution, fundamental rights, and principles of liberty, equality, justice, and fraternity, being rigid and to dictate further amendments to the Constitution) and considered supreme, i.e. the laws of the nation must conform to it. India is officially declared a secular and socialist state as per the Constitution.

There is a provision for a bicameral legislature consisting of an upper house, the Rajya Sabha (Council of States), which represents the states of the Indian federation, and a lower house, the Lok Sabha (House of the People), which represents the people of India as a whole. The Constitution provides for an independent judiciary, which is headed by the Supreme Court. The court's mandate is to protect the Constitution, to settle disputes between the central government and the states, to settle inter-state disputes, to nullify any central or state laws that go against the Constitution and to protect the fundamental rights of citizens, issuing writs for their enforcement in cases of violation.

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Writ in the context of Subpoena

A subpoena (/səˈp.nə/; also subpena, subpœna) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas:

  1. subpoena ad testificandum orders a person to testify before the ordering authority or face punishment. The subpoena can also request that the testimony be given by phone or in person.
  2. subpoena duces tecum orders a person or organization to bring physical evidence before the ordering authority or face punishment. This is often used for requests to mail copies of documents to a requesting party or directly to a court.
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Writ in the context of Law Latin

Law Latin, sometimes written L.L. or L. Lat., and sometimes derisively referred to as Dog Latin, is a form of Latin used in legal contexts. While some of the vocabulary does come from Latin, much of it stems from English. Law Latin may also be seen as consisting of a mixture of English, French and Latin words superimposed over an English syntax.

Law Latin was the language in which the legal opinions of English courts were recorded at least until the reign of George II. Under his reign, the Proceedings in Courts of Justice Act 1730 (effective from 1733) mandated that all records of legal proceedings in England were to be made in English rather than Latin. Law Latin was also used as the language of writs, royal charters, letters patent and many other legal instruments. As late as 1867, Law Latin was still in use in England and Scotland for some legal instruments. In South Africa, knowledge of Latin was a requirement in order to join the General Council of the Bar in order to advocate in the courts until 1988 when it was abolished.

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Writ in the context of Legal process

Legal process (sometimes simply process) is any formal notice or writ by a court obtaining jurisdiction over a person or property. Common forms of process include a summons, subpoena, mandate, and warrant. Process normally takes effect by serving it on a person, arresting a person, posting it on real property, or seizing personal property.

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Writ in the context of Habeas corpus

Habeas corpus (/ˈhbiəs ˈkɔːrpəs/ ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful. The right to petition for a writ of habeas corpus has long been celebrated as a fundamental safeguard of individual liberty.

Habeas corpus is generally enforced via writ, and accordingly referred to as a writ of habeas corpus. The writ of habeas corpus is one of what are called the "extraordinary", "common law", or "prerogative writs", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The writ was a legal mechanism that allowed a court to exercise jurisdiction and guarantee the rights of all the Crown's subjects against arbitrary arrest and detention.At common law the burden was usually on the official to prove that a detention was authorized.

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Writ in the context of Form of action

The forms of action were the different procedures by which a legal claim could be made during much of the history of the English common law. Depending on the court, a plaintiff would purchase a writ in Chancery (or file a bill) which would set in motion a series of events eventually leading to a trial in one of the medieval common law courts. Each writ entailed a different set of procedures and remedies which together amounted to the "form of action".

The forms of action were abolished during the 19th century, but they have left an indelible mark on the law. In the early Middle Ages, the focus was on the procedure that was employed to bring one's claim to the royal courts of King's Bench or Common Pleas: it was the form of one's action, not its substance, which occupied legal discussion. This restrictive approach is one of the reasons which attracted litigants to petition the King directly, which eventually led to the development of a separate court known as the Court of Chancery, from which the body of law known as equity derives. Modern English law, as in most other legal systems, now looks to substance rather than to form: a claimant needs only to demonstrate a valid cause of action.

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Writ in the context of Warrant (legal)

A warrant is generally an order that serves as a specific type of authorization, that is, a writ issued by a competent officer, usually a judge or magistrate, that permits an otherwise illegal act that would violate individual rights in order to enforce the law and aid in investigations; affording the person executing the writ protection from damages if the act is performed.

A warrant is usually issued by a court and is directed to a sheriff, a constable, or a police officer. Warrants normally issued by a court include search warrants, arrest warrants, and execution warrants.

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