Writ

As Writ (of Anglo-Saxon gewrit, the Latin equivalent is breve ) is called the Common Law a written order by a competent authority, nowadays these are usually dishes.

History

The Writ as a legal institution evolved from the first only irregular practice of the English kings, in response to zoom worn them requests for dispute resolution, to give orders to their subordinates. Due to the ever increasing number of such requests - and the risk of an incorrect statement of the facts by the petitioner - the process was formalized over time. As early as the time of Henry the Second, a catalog of more than 75 different writs had formed. Long the writs were not issued by the king in person, but using templates issued for a fee by the Chancery. Such a presentation was as follows:

The Writ was the only way to be heard before a King's Court, the action was instituted at a normal local court, but also filed an informal, not necessarily written presentation. The nobility that kept the local court hearings, soon feared a power erosion by the writs. For through the creation of new writs, adapted to the circumstances of each case, it was (assuming money was not an issue ) is relatively easy to evade the jurisdiction of the nobility, and instead to let them speak through a King's Court law. The Kings finally had to bow to the growing pressure of the nobility, so that was specified in the Provisions of Oxford, that new writs could be created only with the express consent of the baronial council.

Current situation

In English law, the writ is no longer relevant today.

United States

Although the writ was explicitly abolished by the Federal Rules of Civil Procedure in 1938 in a civil case in American law, there are still some important Writs: As the Writ of Habeas Corpus is explicitly specified by the U.S. Constitution (Article 1, § 9, cl 2) and most of the processes in the Supreme Court are held in the form of a petition for the writ of certiorari.

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