petition

(redirected from petitions)
Also found in: Dictionary, Thesaurus, Medical, Encyclopedia, Wikipedia.

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 ?
The best thing I can do will be to certify the truth of the contents of your petition.
But while the by-standers were attempting to lead away the unfortunate young man, he broke from them, and with a wild, impassioned earnestness, offered a new and equally strange petition to Lady Eleanore.
If Rabourdin succeeded him, his talents (for Celestine did vouchsafe him an administrative gift) would be so thoroughly appreciated that the office of Master of petitions, formerly promised, would now be given to him; she fancied she saw him the king's commissioner, presenting bills to the Chambers and defending them; then indeed she could help him; she would even be, if needful, his secretary; she would sit up all night to do the work
There are deeds of trust, mortgages, certificates of release, transfers, judgments, foreclosures, writs of attachment, orders of sale, tax liens, petitions for letters of administration, and decrees of distribution.
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.
But these rare souls set opinion, success, and life at so cheap a rate that they will not soothe their enemies by petitions, or the show of sorrow, but wear their own habitual greatness.
Any doubtfulness of the fact, or any circumstance of mitigation, was never disregarded: but the petitions of an offender, or the intercessions of others, did not in the least affect him.
There were juvenile letters and petitions from Rebecca, too, in the collection, imploring aid for her father or declaring her own gratitude.
He went into his study to see the people waiting for him with petitions, and to sign some papers brought him by his chief secretary.
Without communicating his intention to any one, the bridegroom proceeded with a palpitating heart to the little sequestered arbour, where he had overheard his bride offering up those petitions for his happiness and conversion.
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.
For God's sake --I beg, I conjure --here exclaimed the stranger Captain to Ahab, who thus far had but icily received his petition.