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

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 periodicals archive ?
Indeed, it is possible that an agent of China posted the petition for precisely this purpose.
Suleiman said further that the tribunal had delivered judgment on the petition filed by Mr.
"Every electoral candidate provides a declaration to the returning officer and Article 62(1)(f) of the constitution applies to any declarations that are not based on the truth," Justice Saeed said, accepting the review petition. The bench accepted the petition with the difference of two and one.
While the court deferred acting on the IBP motion for withdrawal, it asked the IBP to 'provide adequate proof that the 20 other clients have actual knowledge of the contents of their petition.'
For other petitions, the child's CSPA eligibility is determined based on when the priority date becomes current (or visa becomes available), even if they were under 21 when the petition was filed.
The petition had contended that the matter was an important one and should be set for early hearing.
The petition stated that the now-prime minister had taken steps against the country's integrity and had tried to ruin Pakistan's political system.
Later, the ANF resubmitted the petition after removing objections.
On Tuesday, Nawaz filed a petition in the apex court which stated that a review petition had been filed in the Supreme Court on its March 26 decision.
On April 25, Nawaz Sharif submitted a review petition in the Supreme Court seeking permanent bail.
The review petition filed by lawyer Anuja Kapur sought a direction from the court to revisit its order of April 8, which had dismissed the petition filed earlier on the issue.
One of the more recently litigated issues over the meaning of bona fide dispute is whether a creditor's partially disputed claim is subject to a bona fide dispute that would disqualify the creditor from joining an involuntary petition.