Legal Definitions - prohibition

Prohibition refers to a formal act of forbidding or preventing something. It can manifest in two primary ways:

• As a general rule or law that makes a particular action illegal or impermissible.
• As a specific legal order, known as a writ of prohibition, issued by a higher court to prevent a lower court or other official body from acting outside its legal authority or jurisdiction.

Examples:

• Imagine a city council passes a new ordinance that prohibits commercial vehicles from parking on residential streets overnight. This is a general prohibition because it is a rule established by a governing body that forbids a specific action (overnight commercial parking) within a defined area. The purpose might be to reduce noise, traffic, or maintain neighborhood aesthetics. Any commercial vehicle found parked on a residential street overnight would be in violation of this prohibition.

• Consider a scenario where a local municipal court, which typically handles minor offenses like traffic violations, begins to hear a complex felony murder case. The defendant's legal team could petition a higher court, such as the state's appellate court, to issue a writ of prohibition. If the appellate court agrees that the municipal court is attempting to exercise authority beyond its legal jurisdiction, it would issue the writ. This writ would legally compel the municipal court to cease all proceedings in the murder case, ensuring that such a serious matter is handled by a court with the proper legal authority and expertise, like a superior or circuit court.