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LSDefine
Simple English definitions for legal terms
writ of prohibition
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A quick definition of writ of prohibition:
A writ of prohibition is a legal order that a higher court can use to stop a lower court from interfering with its decision on a case that is being appealed. It can also be used to prevent a lower court from making decisions on matters it has no authority over. This is a serious and powerful remedy that should only be used when there are no other options available. The court has the final say on whether to grant a writ of prohibition, and it considers many factors before making a decision. An example of when a writ of prohibition was used is when a county court judge wrongly disqualified a district attorney from prosecuting a criminal case, and the appellate division granted a writ of prohibition to nullify the judge's order.
A more thorough explanation:
A writ of prohibition is a legal order that a higher court can use to stop a lower court from interfering with its decision on a case that is pending an appeal. This writ can also be used to prevent a lower court from making orders on matters that it has no authority over. It is a drastic remedy and is only granted when there is no other adequate means of relief.
In the case of Soares v. Herrick, a county court judge disqualified a district attorney from prosecuting a criminal case. The appellate division granted a writ of prohibition to nullify the county court judge's order, which the Court of Appeals upheld. The writ was granted because the judge had exceeded his authority and made an erroneous decision.
This example illustrates how a writ of prohibition can be used to prevent a lower court from making decisions that are outside of its jurisdiction or that are based on incorrect reasoning.