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Prohibition, Writ Of
Prohibition, Writ Of, the negative counterpart of mandamus, is an extraordinary writ issued by a superior court to an inferior court commanding it to abandon a cause pending before it over which it lacks jurisdiction. Use of the writ today is governed by the All Writs Act, Title 28, section 1651 of the U.S. Code, and by rule 21 of the Federal Rules of Appellate Procedure.
William M. Wiecek |
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KERMIT L. HALL. "Prohibition, Writ Of." The Oxford Companion to the Supreme Court of the United States. 2005. Encyclopedia.com. 1 Jun. 2012 <http://www.encyclopedia.com>. KERMIT L. HALL. "Prohibition, Writ Of." The Oxford Companion to the Supreme Court of the United States. 2005. Encyclopedia.com. (June 1, 2012). http://www.encyclopedia.com/doc/1O184-ProhibitionWritOf.html KERMIT L. HALL. "Prohibition, Writ Of." The Oxford Companion to the Supreme Court of the United States. 2005. Retrieved June 01, 2012 from Encyclopedia.com: http://www.encyclopedia.com/doc/1O184-ProhibitionWritOf.html |
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Prohibition, Writ of
PROHIBITION, WRIT OFAn order from a superior court to a lower court or tribunal directing the judge and the parties to cease the litigation because the lower court does not have proper jurisdiction to hear or determine the matters before it. A writ of prohibition is an extraordinary remedy that is rarely used. |
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Cite this article
"Prohibition, Writ of." West's Encyclopedia of American Law. 2005. Encyclopedia.com. 1 Jun. 2012 <http://www.encyclopedia.com>. "Prohibition, Writ of." West's Encyclopedia of American Law. 2005. Encyclopedia.com. (June 1, 2012). http://www.encyclopedia.com/doc/1G2-3437703545.html "Prohibition, Writ of." West's Encyclopedia of American Law. 2005. Retrieved June 01, 2012 from Encyclopedia.com: http://www.encyclopedia.com/doc/1G2-3437703545.html |
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