Alternative Writ

Alternative Writ

An order, issued originally by the king in England but more recently by a court, commanding a person to do a specific thing or to appear and explain why he or she should not be compelled to do it.

Under the Common Law, the writs of prohibition and Mandamus were alternative writs. In modern systems of court procedure, an order to show cause serves the same purpose. It commands a person to do something or come into court and show cause why he or she should not be made to do it.

References in periodicals archive ?
Dempster Brown has filed a petition for the alternative writ of mandamus against the Liberian government and the organizers of the pending June 7 protest, Council of Patriots (COP), requesting the Supreme Court to confine protesters at certain locations during protest.
Brown says he wants the petition for the alternative writ of mandamus to lie because the Minister of Justice granted the protesters' request without designating a specific venue where the government and the COP will meet for the presentation of the COP's petition on June 7.
Late last week, Lewinter filed a petition in Lane County Circuit Court seeking what is known as an alternative writ of mandamus, which is a court order instructing a public official or agency to carry out a specified legal duty.
COURT'S OPINION: The court issued an alternative writ of mandate ordering the Superior Court to "vacate" the order of December 4, 2002, denying the defendants' motion for summary judgment, and entered a new and different order granting the motion; or in the alternative, that cause be shown why a peremptory writ should not issue.
Gongloe says what makes Justice Ja'neh's impeachment more challenging is that the bill of impeachment on which he is being tried is a product of defiance by some members of the House of Representatives, of the alternative writ of prohibition issued by a Justice of the Supreme Court sitting in Chambers, acting under the authority of the law.
Todd Alberts, who has proposed a 250-unit development on the west slope of Mount David here, filed a petition for alternative writ of mandamus Monday afternoon, just hours before a scheduled public hearing on the matter.
Justice Wolokolie argues that because of the several constitutional issues raised in the petition, Justice Ja'neh prayed to Chamber Justice Sie-A-Nyeneh Yuoh for the alternative writ of prohibition to be issued.
She recalls that Justice Yuoh had issued the alternative writ and forwarded the matter to the full bench.
Chief Justice Korkpor says 'under the circumstance, we hold that the prohibition was prematurely filed and that the alternative writ should not have been ordered issued.'
Yuoh ordered issued the alternative writ of prohibition in the case and directed the House to refrain from certain specified actions pending the hearing and determination of the petition for writ of prohibition.
Her counsels want the Court to issue an alternative writ of prohibition against the actions of the respondents, direct an immediate halt to Mr.

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