judicial writs

judicial writs
In English practice, the capias and all other writs subsequent to the original writ not issuing out of chancery, but from the court to which the original was returnable. Being grounded on what had passed in that court in consequence of the sheriffs return, they were called judicial writs, in contradistinction to the writs issued out of chancery, which were called original writs. 3 Bl.Comm. 282.
Such writs as issue under the private seal of the courts, and not under the great seal of England, and are tested or witnessed, not in the king's name, but in the name of the chief judge of the court out of which they issue. The word "judicial" is used in contradistinction to "original;" original writs being such as issue out of chancery under the great seal, and are witnessed in the king's name. 3 Bl.Comm. 282.

Black's law dictionary. . 1990.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • judicial writs — Orders issued by a judge in the English courts after a lawsuit had begun. Dictionary from West s Encyclopedia of American Law. 2005. judicial writs Orders issued by a judge in the English courts after a …   Law dictionary

  • judicial writs — Writs which were issued in an action subsequently to the issuance of the original writ or summons, and which issued under the private seal of the court and not under the great seal of England. They were not tested in the king s name, but in the… …   Ballentine's law dictionary

  • Judicial review in English Law — Judicial review is a procedure in English administrative law by which the courts supervise the exercise of public power on the application of an individual. A person who feels that an exercise of such power by a government authority, such as a… …   Wikipedia

  • Judicial system of the People's Republic of China — For the Ministry of Justice, see Ministry of Justice of the People s Republic of China. People s Republic of China This article is part of the series: Politics and government of …   Wikipedia

  • Judicial system of Greece — In Greece, the independence of the justice system is safeguarded by the Constitution. According to section E of the Constitution (Articles 87 100A): * Only professional and regular judges dispense justice. These judges are professional, permanent …   Wikipedia

  • judicial documents — Proceedings relating to litigation. They are divided into (1) judgments, decrees, and verdicts; (2) depositions, examinations, and inquisitions taken in the course of a legal process; (3) writs, warrants, pleadings, etc., which are incident to… …   Black's law dictionary

  • judicial documents — Proceedings relating to litigation. They are divided into (1) judgments, decrees, and verdicts; (2) depositions, examinations, and inquisitions taken in the course of a legal process; (3) writs, warrants, pleadings, etc., which are incident to… …   Black's law dictionary

  • brevia judicialia — Judicial writs …   Ballentine's law dictionary

  • Court of Common Pleas (England) — For other uses, see Court of Common Pleas (disambiguation) …   Wikipedia

  • writ — A written judicial order to perform a specified act, or giving authority to have it done, as in a writ of mandamus or certiorari, or as in an original writ for instituting an action at common law. A written court order or a judicial process,… …   Black's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”