Legal terms

We all hear terms which seem like out of this world when we hear case studies. Terms like ‘mandamus’, ‘certiorari, ‘prohibition’ or “quo warranto” are extremely pertinent to the students of law. But for the general public, it seems like meaningless jargon. Here we shall cover what they actually mean.

· Mandamus-
Mandamus is an order which seeks to correct the unfair practises that come with the abuse of power. It might so happen that a public body, corporation or a government official tries to exercise the powers conferred upon him/them for their personal gain. That is when any person who is wronged by the unfair practise might call upon the court of law to confer mandamus on the wrongful body.

· Certiorari-
Certiorari is one of the most common forms of writs issued by the US Court of Law. It is issued by a higher court to a lower court so as to request the lower court to produce its records on a particular case for a review by the higher court. These are used for cases which only a higher court has the right to review and as such are mostly used for non-appealable cases.

· Prohibition-
Prohibition is used to basically stop someone from carrying out an activity which they had been doing, either temporarily or permanently. In practise, it is usually used in order to prohibit a group or person from taking some prospective derogatory decision.

· Quo warranto-
Quo warranto is a Latin term which literally translates as “by what authority”. It is an order conferred by the court upon an administrative body or another court of law to prevent them from taking a decision on matters which are outside their scope of jurisdiction. When quo warranto is issued, the person being constrained usually moves the court to know what the cause for which they are being restrained is.

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