Legal Definitions - writ of prohibition

A writ of prohibition is a legal order that a higher court can use to stop a lower court from interfering with its decision on a case that is pending an appeal. This writ can also be used to prevent a lower court from making orders on matters that it has no authority over. It is a drastic remedy and is only granted when there is no other adequate means of relief.

In the case of Soares v. Herrick, a county court judge disqualified a district attorney from prosecuting a criminal case. The appellate division granted a writ of prohibition to nullify the county court judge's order, which the Court of Appeals upheld. The writ was granted because the judge had exceeded his authority and made an erroneous decision.

This example illustrates how a writ of prohibition can be used to prevent a lower court from making decisions that are outside of its jurisdiction or that are based on incorrect reasoning.