Habeas Corpus Petition During Unrest
Brenda Booth was detained by royal authorities amid unrest. Her counsel filed a breve seeking her immediate release. The court examined whether rebellion justified any suspension before ordering her production.
Also known as: brevia · breves · writ
Written by attorneys · grounded in primary & secondary sources — see below
A short writ in historical English legal procedure that distinguished such instruments from longer charters.
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Brenda Booth was detained by royal authorities amid unrest. Her counsel filed a breve seeking her immediate release. The court examined whether rebellion justified any suspension before ordering her production.
Brooke Bryant operated a clinic subject to new limits on procedures. She sought a breve to enjoin enforcement of the statute. The court assessed whether the provisions imposed an undue burden on the right to choose.
Bella Barnes obtained a default judgment in Oregon against a nonresident debtor. She requested a breve to enforce the judgment against land in California. The court evaluated whether the original service satisfied due process requirements for personal jurisdiction.
Brighton Manufacturing challenged a city's taking of its property for a street widening. Counsel petitioned for a breve compelling payment of just compensation. The court determined whether the award satisfied constitutional standards for property deprivations.
Boreal Energy sought approval for a new reactor design. Environmental groups filed a breve to compel additional procedural steps. The court considered whether the agency had exceeded its statutory authority in the licensing process.
Brian Bailey sued a pharmaceutical company over birth defects allegedly caused by a prescription drug. The defense moved to exclude the plaintiffs' scientific experts. The court used a breve to order a hearing on whether the testimony rested on reliable methodology.
It denotes a short writ used in early English procedure, as distinguished from longer charters.
Local law of the forum determines whether a foreign money judgment is enforced by a new action or by summary procedures such as a writ of sequestration or receivership.
A court may issue a writ of mandamus to a domestic corporation requiring operation of lines beyond state borders when jurisdiction over the defendant exists.
Whether appellate proceedings vacate a judgment is governed by the law of the rendering state. If they do not, enforcement may proceed in another state subject to a possible stay.
…existence of the commissions he would confine further remarks to three questions: (1) whether the Supreme Court can award the writ of mandamus in any case; (2) whether it will lie to a Secretary of State in any case whatever; and (3) whether in the present case the court may award a mandamus to James Madison, Secretary…