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 ?
"Counsels for petitioners were sternly warned that the commission of the same or similar infractions in the future would be dealt with severely," Hosaka added.
The precise facts as mentioned in this petition were that the petitioners belonged to the Jamaatud Dawa organisation having no nexus with Lashkar-e-Tayyaba and the detention of the petitioners relying upon the resolution of UNO was illegal and unlawful as the petitioners or their organisation were not involved in terrorist activities, but they were only working for the welfare of the people like 'Edhi', but more than that they were also educating the poor and needy people.
The petitioners argued that the imposition of bill deposit by Meralco, being a public utility, against its captive market is illegal and contradicts its duty under its franchise to promote consumer interest.
On behalf of the petitioners, Advocate Safdar Shaheen Pirzada argued before the court that it was an established law that ad hoc employees were supposed to continue working till the appointment of regular incumbent from recommendations of federal or provincial public service commissions.
The petitioners added that they worked hard and produced many players of national and international standard.
He alleged that the petitioner lacked the tools to prosecute the case and that tribunal should compel the petitioners to call other witnesses in the case.
However, the petitioners' counsel Umair Baloch pleaded that lives of his clients were under threat in Sindh.
In February, the Tax Court granted the motion of respondent county to dismiss the property tax petition filed by petitioners as untimely filed and served.
The judge ordered the petitioners to pay Sh8 million as cost to the respondents, making it one of the heaviest penalties handed to petitioners in an election case.
But Justice Okwany, in her judgement, said that the petitioners failed to prove their case beyond reasonable doubt.
In a motion dated June 23 but made public Monday, petitioners - Josephine Calajate, Encarnacion Gaor, Genedine Jambaro, Evangeline Tabulog, Pedro Agcaoili Jr.
The four petitioners are ordinary citizens whose lives were badly affected by suspension of mobile telecom services which happened in Islamabad.