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Simple English definitions for legal terms
writ of consultation
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A quick definition of writ of consultation:
A writ of consultation is a special order given by a higher court to a lower court, telling them to hear a case that they previously refused to consider. It's like a teacher telling a student to do their homework even though they didn't want to do it before. This is different from a prohibition, which is an order telling a lower court to stop doing something they shouldn't be doing.
A more thorough explanation:
Definition: A writ of consultation is a legal order issued by an appellate court to a lower court, directing it to proceed with a case that it had previously refused to hear. This writ is an extraordinary measure taken when the lower court has failed to fulfill its legal obligation to hear a case.
Example: Suppose a plaintiff files a lawsuit in a lower court, but the court refuses to hear the case, citing lack of jurisdiction. The plaintiff can then file a writ of consultation with an appellate court, asking it to order the lower court to hear the case. If the appellate court finds that the lower court had jurisdiction, it can issue a writ of consultation, directing the lower court to proceed with the case.
Explanation: The example illustrates how a writ of consultation can be used to compel a lower court to hear a case that it had previously refused to hear. The writ is an extraordinary measure that is only used when the lower court has failed to fulfill its legal obligation to hear a case. The appellate court can issue the writ if it finds that the lower court had jurisdiction over the case.