Six Prerogative Writs

A prerogative writ is a writ (official order) directing the behavior of another arm of government, such as an agency, official, or other court. It was originally available only to the Crown under English law, and reflected the discretionary prerogative and extraordinary power of the monarch. The term may be considered antiquated, and the traditional six comprising writs may also be identified as an extraordinary writ or extraordinary remedy.

Six writs are traditionally classified as prerogative writs:

• certiorari, an order by a higher court directing a lower court to send the record in a given case for review;
• habeas corpus, a demand that a prisoner be taken before the court to determine whether there is lawful authority to detain the person;
• mandamus, an order issued by a higher court to compel or to direct a lower court or a government officer to perform mandatory duties correctly;
• prohibition, directing a subordinate to stop doing something the law prohibits;
• procedendo, to send a case from an appellate court to a lower court with an order to proceed to judgment;
• quo warranto, requiring a person to show by what authority they exercise a power.

Additionally, scire facias, one of the extraordinary writs, was once known as a prerogative writ.

Prerogative Writs in the United States

In the United States federal court system, the issuance of writs is authorized by U.S. Code, Title 28, Section 1651. The language of the statute was left deliberately vague in order to allow the courts flexibility in determining what writs are necessary "in aid of their jurisdiction". Use of writs at the trial court level has been greatly curtailed by the adoption of the Federal Rules of Civil Procedure and its state court counterparts, which specify that there is "one form of action".

Nevertheless, the prudent litigator should familiarize himself or herself with the availability of writs in the jurisdiction in which he or she is admitted to practice.

The Supreme Court of the United States grants certiorari, while most state supreme courts grant review.

Mandamus has been replaced in the United States district courts and many state trial courts by injunction. In the federal system, it is generally available only to the federal courts of appeals, which issue writs of mandamus to lower courts and administrative hearing panels, while some state systems still allow trial courts to issue writs of mandamus or mandate directly to government officials.

Prohibition is also generally limited to appellate courts, who use it to prevent lower courts from exceeding their jurisdiction.

https://en.wikipedia.org/wiki/Prerogative_writ

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Footnote by the Blog Author

Tomorrow’s post will deal with writs of mandamus specifically.