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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]
Gideon overruled Betts, holding that the assistance of counsel, if desired by a defendant who could not afford to hire counsel, was a fundamental right under the United States Constitution, binding on the states, and essential for a fair trial and due process of law regardless of the circumstances of the case. The Court explained its rationale ...
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.
(b) Any person other than an officer or employee of the United States who renders assistance in good faith upon the request of a customs officer shall not be held liable for any civil damages as a result of the rendering of such assistance if the assisting person acts as an ordinary, reasonably prudent person would have acted under the same or ...
Otis was originally in the rural Popular Party, but he effectively made alliances with Boston merchants and grew in popularity after the controversy of the Writs of Assistance case. [citation needed] He subsequently wrote several important patriotic pamphlets, served in the assembly, and was a leader of the Stamp Act Congress.
Howard described these events in his 1863 book Fourteen Months in American Bastiles, where he noted that he was imprisoned in Fort McHenry, the same fort where the Star Spangled Banner had been waving "o'er the land of the free" in his grandfather's song. [35] Two of the publishers selling his book were then arrested. [33]
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".
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]