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Simple English definitions for legal terms
Prerogative writ
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A quick definition of Prerogative writ:
A prerogative writ is a special type of legal order that a court can issue to direct a government agency, official, or another court to take a specific action. It is different from a regular writ because it is discretionary and not guaranteed. There are six types of prerogative writs: procedendo, mandamus, prohibition, quo warranto, habeas corpus, and certiorari.
A more thorough explanation:
A prerogative writ is a type of legal order issued by a court that has discretionary power. It is used to direct a government agency, official, or another court to take a specific action. The prerogative writs include:
- Writ of procedendo
- Writ of mandamus
- Writ of prohibition
- Writ of quo warranto
- Writ of habeas corpus
- Writ of certiorari
For example, a writ of mandamus may be issued by a court to compel a government agency to perform a duty that it is legally required to do. Similarly, a writ of habeas corpus may be used to order the release of a person who is being unlawfully detained.
Overall, prerogative writs are a way for courts to exercise their power and ensure that government agencies and officials are held accountable for their actions.