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A writ of assistance is a written order (a writ) issued by a court instructing a law enforcement official, such as a sheriff or a tax collector, to perform a certain task. Historically, several types of writs have been called "writs of assistance". [1] Most often, a writ of assistance is "used to enforce an order for the possession of lands". [2]
Bahio amovendo, a writ to remove a bailiff from his office for want of sufficient land in his bailiwick. [1]Beaupleader [3]; Besayle is a writ directed to the sheriff, in case of an abatement or disseisin, to summon a jury to view the land in question, and to recognise whether the great grandfather died seised of the premises, and whether the demandant be his next heir.
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A writ was a summons from the Crown to the parties to the action, with on its back the substance of the action set out, together with a 'prayer' requesting a remedy from the court (for example, damages). In 1980, the need for writs to be written in the name of the Crown was ended. From that time, a writ simply required the parties to appear. [16]
The All Writs Act is a United States federal statute, codified at 28 U.S.C. § 1651, which authorizes the United States federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law".
In New South Wales, a court may set aside the whole, or part, of a subpoena on the basis that it is a "fishing expedition".In Lowery v Insurance Australia Ltd, the NSW Court of Appeal held that where documents requested in the schedule of a subpoena are deemed to have no relevance to the proceedings in dispute, the subpoena may be set aside as it has no legitimate forensic purpose.
The historical antecedents of qui tam statutes lie in Roman and Anglo-Saxon law. [3] Roman criminal prosecutions were typically initiated by private citizens and beginning no later than the Lex Pedia, it became common for Roman criminal statutes to offer a portion of the defendant's forfeited property to the initiator of the prosecution as a reward. [3]
A "writ of prohibition", in the United States, is a court order rendered by a higher court to a judge presiding over a suit in an inferior court. The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall within that inferior court's jurisdiction. The document is also issued at times when it is ...