writ of review

writ of review
A writ which is substantially the common-law writ of certiorari and is denominated in the codes a "special proceeding." The return to the writ brings up the record of the inferior court, officer, of tribunal, not for the purpose of ascertaining an issue of' fact, but to determine whether or not the functions of the court, officer, or tribunal have been exercised erroneously, or that the jurisdiction employed has been exceeded. The only inquiry to be considered upon the return to the writ is a question of law, in the examination of which the parties are not entitled to a jury trial, thus taking the proceedings out of the reason usually assigned of excluding equitable jurisdiction. Hall v Dunn, 52 Or 475, 97 P 811.

Ballentine's law dictionary. . 1998.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • writ of review — A general designation of any form of process issuing from an appellate court and intended to bring up for review the record or decision of the court below. See writ of certiorari …   Black's law dictionary

  • Writ — For other uses, see Writ (disambiguation). In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs and subpoenas… …   Wikipedia

  • 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 error — see writ Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. writ of error n. A wri …   Law dictionary

  • writ of error — n. a writ directed to a lower court by an appellate court requiring the submission of the record of a legal action for review, in order to ascertain whether or not errors have been committed and so that the judgment may be upheld, reversed, or… …   English World dictionary

  • Writ of Amparo and Habeas Data (Philippines) — See also: amparo (law). The Writ of Amparo and Habeas Data (Philippines) are Prerogative writs to supplement the inefficacy of Philippine Habeas Corpus (Rule 102, Revised Rules of Court). Amparo means protection, while Habeas Data is access to… …   Wikipedia

  • Writ of assistance — A writ of assistance is a written order (a writ) issued by a court instructing a law enforcement official, such as a sheriff, to perform a certain task. Historically, several types of writs have been called writs of assistance .[1] Most often, a… …   Wikipedia

  • Writ — A legal document written by a judge or other body with administrative or judicial jurisdiction, such as a court, that orders the person to whom it is addressed to perform or cease performing a specified action. Writ of habeas corpus, for example …   Investment dictionary

  • Writ of Assistance — The Writs of Assistance is a legal document that serves as a general search warrant.Unlike the warrant, it is generally open ended, and requires all parties to support the officer to whom it was issued. Its normal use is in support of customs and …   Wikipedia

  • writ of certiorari — An order by the appellate court which is used by that court when it has discretion on whether or not to hear an appeal from a lower court. If the writ is denied, the court refuses to hear the appeal and, in effect, the judgment below stands… …   Black's law dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”