original writ

original writ
The beginning or foundation of a common-law action. "It is a mandatory letter from the king in parchment, sealed with his great seal, and directed to the sheriff of the county wherein the injury is committed or supposed so to be, requiring him to command the wrongdoer or party accused, either to do justice to the complainant or else to appear in court and answer the accusation against him." See 3 Bl Comm 273. In the United States, original writs, properly so-called, never existed, and while they have been abolished in England, their history and original functions are vital and instructive. See original process.

Ballentine's law dictionary. . 1998.

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  • original writ — see writ Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. original writ …   Law dictionary

  • original writ — In English practice, an original writ was the process formerly in use for the commencement of personal actions. It was a mandatory letter from the king, issuing out of chancery, sealed with the great seal, and directed to the sheriff of the… …   Black's law dictionary

  • original writ — noun Etymology: Middle English, translation of Medieval Latin breve originale 1. : a writ issued under the great seal by which in English law the jurisdiction of the court was laid in beginning personal actions until the summons was substituted… …   Useful english dictionary

  • Original writ — Legal instrument bought by a plaintiff commanding the court of common pleas to deal with a particular case. This purchase only initiated the procedure, it did not buy a result …   Dictionary of Medieval Terms and Phrases

  • writ — / rit/ n [Old English, something written] 1: a letter that was issued in the name of the English monarch from Anglo Saxon times to declare his grants, wishes, and commands 2: an order or mandatory process in writing issued in the name of the… …   Law dictionary

  • original writing rule — original writ·ing rule n: best evidence rule Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • writ — A written judicial order to perform a specified act, or giving authority to have it done, as in a writ of mandamus or certiorari, or as in an original writ for instituting an action at common law. A written court order or a judicial process,… …   Black's law dictionary

  • writ of right — noun a writ ordering that land be restored to its rightful owner • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑writ, ↑judicial writ * * * 1. : an original writ used to protect a feudal tenant in the enjoyment of his freehold property by trial of… …   Useful english dictionary

  • original — Primitive; first in order; bearing its own authority, and not deriving authority from an outside source; as original jurisdiction, original writ, etc. As applied to documents, the original is the first copy or archetype; that from which another… …   Black's law dictionary

  • Writ of error — Error Er ror, n. [OF. error, errur, F. erreur, L. error, fr. errare to err. See {Err}.] 1. A wandering; a roving or irregular course. [Obs.] [1913 Webster] The rest of his journey, his error by sea. B. Jonson. [1913 Webster] 2. A wandering or… …   The Collaborative International Dictionary of English

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