Original Writ in United States
Original Writ Definition
In English practice. A mandatory letter issued in the king’s name, sealed with his great seal, and directed to the sheriff of the county wherein the injury was committed or supposed to have been done, 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. This writ is deemed necessary to give the courts of law jurisdiction. In modern practice, however, it is often dispensed with, by recourse, as usual, to fiction, and a proceeding by bill is substituted. In this country, our courts derive their jurisdiction from the constitution, and require no original writ to confer it. Improperly speaking, the first writ which is issued in a case is sometimes called an original writ; but it Is not so in the English sense of the word. See 3 Bl. Comm. 273; Walk. Am. Law, E14.
Original Writ in Foreign Legal Encyclopedias
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Original Writ | Original Writ in the World Legal Encyclopedia. |
Original Writ | Original Writ in the European Legal Encyclopedia. |
Original Writ | Original Writ in the Asian Legal Encyclopedia. |
Original Writ | Original Writ in the UK Legal Encyclopedia. |
Original Writ | Original Writ in the Australian Legal Encyclopedia. |
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Browse the American Encyclopedia of Law for Original Writ
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Original Writ | Original Writ in the Family Law Portal of the American Encyclopedia of Law. |
Original Writ | Original Writ in the IP Portal of the American Encyclopedia of Law. |
Original Writ | Original Writ in the Commercial Law Portal of the American Encyclopedia of Law. |
Original Writ | Original Writ in the Criminal Law Portal of the American Encyclopedia of Law. |
Original Writ | Original Writ in the Antritrust Portal of the American Encyclopedia of Law. |
Original Writ | Original Writ in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
Original Writ | Original Writ in the Constitutional Law Portal of the American Encyclopedia of Law. |
Original Writ | Original Writ in the Tax Law Portal of the American Encyclopedia of Law. |
Original Writ | Original Writ in the and Finance and Banking Portal of the American Encyclopedia of Law. |
Original Writ | Original Writ in the Employment and Labor Portal of the American Encyclopedia of Law. |
Original Writ | Original Writ in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
Original Writ | Original Writ in the Environmental Law Portal of the American Encyclopedia of Law. |
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Legal Issue for Attorneys
In English practice. A mandatory letter issued in the king’s name, sealed with his great seal, and directed to the sheriff of the county wherein the injury was committed or supposed to have been done, 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. This writ is deemed necessary to give the courts of law jurisdiction. In modern practice, however, it is often dispensed with, by recourse, as usual, to fiction, and a proceeding by bill is substituted. In this country, our courts derive their jurisdiction from the constitution, and require no original writ to confer it. Improperly speaking, the first writ which is issued in a case is sometimes called an original writ; but it Is not so in the English sense of the word. See 3 Bl. Comm. 273; Walk. Am. Law, E14.
Notice
This definition of Original Writ is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.
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