petition

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Petition

A written application from a person or persons to some governing body or public official asking that some authority be exercised to grant relief, favors, or privileges.

A formal application made to a court in writing that requests action on a certain matter.

The First Amendment to the U.S. Constitution guarantees to the people the right to petition the government for the redress of grievances. Petitions are also used to collect signatures to enable a candidate to get on a ballot or put an issue before the electorate. Petitions can serve as a way of pressuring elected officials to adhere to the position expressed by the petitioners.

The right to petition the government for correction of public grievances derives from the English Magna Charta of 1215 and the English Bill of Rights of 1689. One of the colonists' objections to British rule before the American Revolution was the king's refusal to act on their petitions of redress. The Founders attempted to address this concern with the First Amendment, which affirms the right of the people to petition their government. Almost all states adopted similar guarantees of petition in their own constitutions.

Between 1836 and 1840, abolitionists collected the signatures of two million people on petitions against Slavery and sent them to the U.S. House of Representatives. In the early twentieth century, states passed laws allowing initiative (the proposing of legislation by the people) and recall (an election to decide whether an elected official should be removed from office). Both processes start with the collection of a minimum number of signatures on a petition. Small political parties often use petitions to collect signatures to enable their candidates to be placed on the election ballot.

Petitions are also directed to courts of law and administrative agencies and boards. A petition may be made ex parte (without the presence of the opposing party) where there are no parties in opposition. For example, the executor of an estate may file a petition with the probate court requesting approval to sell property that belongs to the estate or trust.

In contested matters, however, the opposing party must be served with the petition and be given the opportunity to appear in court to argue the merits of the issues it contains. A prisoner may file a petition for a writ of Habeas Corpus, in which the prisoner requests a hearing to determine whether he or she is entitled to be released from custody because of unconstitutional or illegal actions by the government. The prisoner must serve the government office that prosecuted him or her with a copy of the petition. The writ of habeas corpus, like many other types of writs, is discretionary; the court is free to deny the petition.

petition

1) n. a formal written request to a court for an order of the court. It is distinguished from a complaint in a lawsuit which asks for damages and/or performance by the opposing party. Petitions include demands for writs, orders to show cause, modifications of prior orders, continuances, dismissal of a case, reduction of bail in criminal cases, a decree of distribution of an estate, appointment of a guardian, and a host of other matters arising in legal actions. 2) a general term for a writing signed by a number of people asking for a particular result from a private governing body (such as a homeowners association, a political party, or a club). 3) in public law a petition may be required to place a proposition or ordinance on the ballot, nominate a person for public office, or demand a recall election. Such petitions for official action must be signed by a specified number of registered voters (such as five percent). 4) v. making a formal request of a court, presenting a written request to an organization's governing body signed by one or more members. 5) in some states a suit for divorce is entitled a petition, and the parties are called petitioner and respondent. (See: motion, writ, divorce, petitioner)

petition

noun adjuration, application, bid, call for aid, demand, earnest request, entreaty, formal writing emmodying a request, formal written plea, formal written reeuest, invocation, libellus, motion, plea, prayer, request, reeuest for relief, requisition, solemn request, written application for relief
Associated concepts: affidavit, ex parte petiiion, filing of petition, order dismissing a petition, petition for a name change, petition for divorce, verified petition, voluntary petition in bankruptcy

petition

verb adjure, advocate, appeal for, apply for, apply to, ask for, beseech, bid, call upon, clamor for, entreat earnestly, file for, formally urge, implorare, implore, make a requisition, make application, make deeands, make written application, obtest, plead, pray for, prefer a request to, request, requisition, rogare, seek, solemnly request, solicit, urge
Associated concepts: petition for a rehearing, petition for a writ of certiorari, petition for a writ of mandamus, petition for a writ of prohibition, petition for redress, petition for reeoval, petition for review
See also: appeal, application, apply, bill, call, canvass, claim, complaint, cross-examine, demand, entreaty, implore, importune, invitation, motion, move, plead, pray, prayer, press, request, requisition, solicit, sue, suit

petition

a formal application in writing made to a court asking for some specific judicial action. In Scotland there is a technical distinction between a petition and a summons.

PETITION. An instrument of writing or printing containing a prayer from the person presenting it, called the petitioner, to the body or person to whom it is presented, for the redress of some wrong, or the grant of some favor, which the latter has the right to give.
     2. By the constitution of the United States the right "to petition the government for a redress of grievances," is secured to the people. Amend. Art. 1.
     3. Petitions are frequently presented to the courts in order to bring some matters before them. It is a general rule, in such cases, that an affidavit should be made that the facts therein contained are true as far as known to the petitioner, and that those facts which he states as knowing from others be believes to be true.

References in classic literature ?
This done, the draft of the proposed petition was read at length: and the petition said, as all petitions DO say, that the petitioners were very humble, and the petitioned very honourable, and the object very virtuous; therefore (said the petition) the bill ought to be passed into a law at once, to the everlasting honour and glory of that most honourable and glorious Commons of England in Parliament assembled.
Here the gentleman took a seat near me at the table, and petitioned for a cup of coffee.
My husband therefore was resolved to set out for Ireland; against which I remonstrated very earnestly, and insisted on a promise which he had made me before our marriage that I should never take this journey against my consent; and indeed I never intended to consent to it; nor will anybody, I believe, blame me for that resolution; but this, however, I never mentioned to my husband, and petitioned only for the reprieve of a month; but he had fixed the day, and to that day he obstinately adhered.
While she prayed that she might become the humble instrument of bringing him into the flock of the faithful, she petitioned for forgiveness, on her own behalf, if presumption or indifference to the counsel of the church had caused her to set too high a value on her influence, and led her into the dangerous error of hazarding her own soul by espousing a heretic.
But it was too serious a matter to suffer any delusion to take place, so I turned to the young woman, and told her we did not desire to impose upon the new convert in her first and more ignorant understanding of things, and begged her to explain to her that God may be very properly said to answer our petitions, when, in the course of His providence, such things are in a particular manner brought to pass as we petitioned for; but we did not expect returns from heaven in a miraculous and particular manner, and it is a mercy that it is not so.
Last year, after reports hinted that Bieber has signed up for a trip to space, Canadian citizen David Sanftenberg petitioned Sir Richard Branson and Virgin Galactic to leave Bieber in space.