Also known as: writs · judicial writ · prerogative writ
Written by attorneys · grounded in primary & secondary sources — see below
A court's written order commanding the addressee to do or refrain from doing a specified act. The order issues in the name of the state or other competent authority and directs particular conduct such as production of a person or seizure of property.
Walter Washington is detained by federal agents without charges during a period of domestic unrest short of rebellion. His lawyer petitions the district court for a writ directing the warden to produce Washington and justify the detention. The court issues the writ because Congress has not suspended the privilege under the constitutional exception for rebellion or invasion.
Willowbrook Capital obtains a judgment against Windham Technologies, a limited partnership. After the sheriff returns the writ of execution unsatisfied in part, Willowbrook seeks to levy against the personal assets of general partner Wade Watson. The court permits the levy only after confirming the unsatisfied writ meets the statutory precondition.
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Whitney White loses a state wage claim in the Washington Supreme Court. Her counsel files a petition for a writ of certiorari asking the United States Supreme Court to review the minimum-wage ruling. The Court grants the writ and sets the case for argument on the constitutional question.
Wilma Wright is convicted of murder in Iowa state court. After direct appeals fail, she files a petition for a writ of habeas corpus in federal district court alleging constitutional error in the admission of evidence. The district court grants the writ and orders her release or retrial.
Winter Wolfe is committed to a state mental hospital after a jury finds him mentally ill by a preponderance standard. He petitions for a writ of habeas corpus arguing the Due Process Clause requires clear and convincing evidence. The Supreme Court grants the writ and remands for application of the higher standard.
Woodridge Manufacturing sues Mercury Construction in federal court despite an arbitration clause. Mercury moves to stay the action and petitions for a writ of mandamus directing the district court to enforce the clause. The court of appeals issues the writ, ordering the district court to resolve the arbitrability question first.
A judgment must first be obtained against the limited partnership itself. A writ of execution on that judgment must then be returned unsatisfied in whole or in part before the creditor may proceed against the general partner's separate assets.
Congress may suspend the privilege only in cases of rebellion or invasion when public safety requires it. The Constitution otherwise prohibits suspension of the writ.
The writ directs the sheriff to seize property of the judgment debtor to satisfy the judgment. If the writ is returned unsatisfied, additional remedies against other parties may become available under applicable statutes.
…for morning sickness to about 17.5 million pregnant women in the United States between 1957 and 1982. See Resp't's Br. on Writ of Cert. at 2; Turpin v. Merrell Dow Pharmaceuticals, Inc. , 959 F.2d 1349, 1350 (6th Cir.1992). This appeal deals with an evidentiary question: whether certain expert scientific testimony…