These terms are types of writs, or orders, issued by courts.
Here’s a detailed explanation of each:
● Habeas Corpus:
● Definition: A writ requiring a person under arrest to be brought before a
judge or into court.
● Purpose: To secure the person’s release unless lawful grounds are
shown for their detention.
● Usage: It serves as a fundamental safeguard against arbitrary detention.
● Mandamus:
● Definition: A writ ordering a lower court, corporation, or public authority
to perform an act required by law.
● Purpose: To compel someone to execute a specific duty that they are
legally obligated to complete.
● Usage: Commonly used to correct errors of lower courts or to compel
administrative bodies to follow the law.
● Certiorari:
● Definition: An order by which a higher court reviews a decision of a lower
court.
● Purpose: To determine whether the lower court acted correctly in law.
● Usage: Often used in appellate jurisdiction to decide whether to hear a
case; the decision to issue a writ of certiorari is discretionary.
● Quo Warranto:
● Definition: A writ commanding an individual to show by what warrant or
authority they claim a right to a position, title, or office.
● Purpose: To challenge the legality of someone’s possession of a
particular role or privilege.
● Usage: Used to resolve disputes over rights to public offices and
franchises.
● Prohibition:
● Definition: A writ issued by a superior court to prohibit a lower court from
exercising its jurisdiction.
● Purpose: To prevent a lower court from taking an action that is not
authorized by law.
● Usage: Often used to stop proceedings in a lower court that lack
jurisdiction or where the lower court has exceeded its authority.
Each of these writs serves a specific and important function in the legal system, ensuring that
individuals’ rights are protected and that the law is properly applied and interpreted.
