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Legal Definitions - Prerogative writ
If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Definition of Prerogative writ
A prerogative writ is a type of legal order issued by a court that has discretionary power. It is used to direct a government agency, official, or another court to take a specific action. The prerogative writs include:
- Writ of procedendo
- Writ of mandamus
- Writ of prohibition
- Writ of quo warranto
- Writ of habeas corpus
- Writ of certiorari
For example, a writ of mandamus may be issued by a court to compel a government agency to perform a duty that it is legally required to do. Similarly, a writ of habeas corpus may be used to order the release of a person who is being unlawfully detained.
Overall, prerogative writs are a way for courts to exercise their power and ensure that government agencies and officials are held accountable for their actions.
The difference between ordinary and extraordinary is practice.
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Simple Definition
A prerogative writ is a special type of legal order that a court can issue to direct a government agency, official, or another court to take a specific action. It is different from a regular writ because it is discretionary and not guaranteed. There are six types of prerogative writs: procedendo, mandamus, prohibition, quo warranto, habeas corpus, and certiorari.
The law is a jealous mistress, and requires a long and constant courtship.
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