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 periodicals archive ?
A successful initiative petition results in the proposed legislation being referred to the Select Standing Committee on Legislative Initiatives, which must then table a report recommending introduction of the draft bill to the House or reversion back to the Chief Electoral Officer for an initiative vote --a public referendum on the proposed legislation.
The responses themselves are short reports on what the government is--or is not-doing on the topic of the petition.
Though Oregonians vote regularly on a variety of highly controversial matters that reach the ballot via petition, the secretary of state's office has received no complaints of hostile treatment of petition signers.
Moreover, appellant's departure from the victim's location to retrieve his bat represented a distinct and divisible event in the sequence of events and provided him sufficient time to `cool down,''' the petition said.
Income tax claims generally are dischargeable if the return was timely filed and the due date was more than three years before the petition date.
The Product Registration Card petition submitted by the Consumer Federation of America (CFA) was a bad idea from the start, but at least the Commissioners gave it every chance for a "day in court.
For example, many forget to file the statement of economic interest or take care of details such as binding their petition sheets together and numbering, notarizing and signing each page.
It was the lawyer who usually obtained signatures for the petition and he was also responsible for obtaining a sponsor to guarantee employment for the prisoner after parole.
The injury analysis performed in a Countervailing Duty petition is the same as in Antidumping.
A District of Columbia prisoner filed a petition for a writ of habeas corpus, alleging that his due process rights had been violated by the failure of the U.
5 Million Children of Iraq, I hereby submit to you this Indictment, Complaint and Petition for Relief from Genocide by President George Bush and the United States of America (hereinafler referred to as the "Respondents").