Writ Quo Warranto - by what authority

Writ Quo Warranto - by what authority

Postby radbury » Sat Apr 20, 2013 1:39 pm

Greetings,

I have been reading about Writ Quo Warranto which in latin means "by what authority" and think it could be a very powerful tool in challenging some de facto corporate powers. http://globe-union-court.org/info_law_writ/writs_quo_warranto_introduction.htm

Quo Warranto is a Latin phrase meaning “by what warrant (do you claim authority)?” and one of the Prerogative Writs and primary elements of remedy against the misuse, corruption or failure of officials or agents to follow the body of laws of the Commonwealth including those enacted in the 16th Century by King Henry VIII of England that first formed the legal constructs of modern commerce such as trusts, estates, property, rights of use, licenses, deeds, bills, notices, accounts and warrants.


Has anyone had any experience with this or any legal view?

There is a section that talks about how to develop a petition for a writ but it is not in plain language and I wonder if there is a plain language way to approach this or a way to issue a writ without petitioning a court first.
http://globe-union-court.org/info_law_writ/writs_quo_warranto_petition.htm

Namaste,

Radbury

Three Marvelous Deeds:
to forgive a wrong done, to amend everything possible, and to refrain from injustice.
User avatar
radbury
 
Posts: 5
Joined: Tue Mar 12, 2013 6:16 pm
Location: the eternal nation of CYMRY

Re: Writ Quo Warranto - by what authority

Postby musashi » Sat Apr 20, 2013 1:57 pm

I suspect that our bubbly natured, always effervescent Treeman is the boy for this one. It is so close to his heart that he has it tatooed on hs arm!

Musashi
It's still fucked, isn't it?
User avatar
musashi
Moderator
Moderator
 
Posts: 1177
Joined: Fri Aug 28, 2009 6:21 pm

Re: Writ Quo Warranto - by what authority

Postby musashi » Sat Apr 20, 2013 2:03 pm

In case he's feeling a bit shy today, I dropped this from wikipedia.

It is the first time I have seen a reference to PROFITS from courts!


Quo warranto had its origins in an attempt by King Edward I of England to investigate and recover royal lands, rights, and franchises in England,[1] in particular those lost during the reign of his father, King Henry III of England.[2][3] From 1278 to 1294, Edward dispatched justices throughout the Kingdom of England to inquire “by what warrant” English lords held their lands and exercised their jurisdictions (often including the right to hold a court and collect its profits). Initially, the justices demanded written proof in the form of charters, but resistance and the unrecorded nature of many grants forced Edward to accept those rights peacefully exercised since 1189.[1][4] Later, quo warranto functioned as a court order (or "writ") to show proof of authority; for example, demanding that someone acting as the sheriff prove that the king had actually appointed him to that office (literally, "By whose warrant are you the sheriff?").

The most famous historical instance of quo warranto was the action taken against the Corporation of London by Charles II in 1683.[5] The King's Bench adjudged the charter and franchises of the city of London to be forfeited to the Crown though this judgment was reversed by the London, Quo Warranto Judgment Reversed Act 1689 shortly after the Glorious Revolution.
Quo warranto today

In the United States today, quo warranto usually arises in a civil case as a plaintiff's claim (and thus a "cause of action" instead of a writ) that some governmental or corporate official was not validly elected to that office or is wrongfully exercising powers beyond (or ultra vires) those authorized by statute or by the corporation's charter.

In some jurisdictions which have enacted judicial review statutes, such as Queensland (Australia), the prerogative writ of quo warranto has been abolished.[6]
It's still fucked, isn't it?
User avatar
musashi
Moderator
Moderator
 
Posts: 1177
Joined: Fri Aug 28, 2009 6:21 pm

Re: Writ Quo Warranto - by what authority

Postby radbury » Sat Apr 20, 2013 3:08 pm

It does appear to be an ideal instrument for challenging corporations that may have overreached in their authority. The process though appears to be that you have to petition a court to get a writ, which would be a stumbling block for any writ that may affect the status quo i imagine. Is there under common law a way for the people to establish a writ, or create a court de jure to issue a writ?
User avatar
radbury
 
Posts: 5
Joined: Tue Mar 12, 2013 6:16 pm
Location: the eternal nation of CYMRY

Re: Writ Quo Warranto - by what authority

Postby treeman » Sat Apr 20, 2013 5:45 pm

musashi wrote:I suspect that our bubbly natured, always effervescent Treeman is the boy for this one. It is so close to his heart that he has it tatooed on hs arm!

Musashi


:grin:
I'll make no subscription to their paradise.

All Rights Reserved - Without Prejudice - Without Recourse - Non-Assumpsit
Errors & Omissions Excepted
User avatar
treeman
 
Posts: 2821
Joined: Sat Apr 25, 2009 2:33 pm
Location: On the Land

Re: Writ Quo Warranto - by what authority

Postby musashi » Sun Apr 21, 2013 12:42 pm

"Upon a General Executor or their duly appointed Administrator receiving a written Petition for a Writ of Quo Warranto compliant with the historic form and criteria pertaining to the granting of such a writ by the highest court of the Estate, a detailed Summary must then be provided by the Curia Regis (Court of the Sovereign) of the Estate outlining why such a Petition was granted or denied."

This from the link you included, and it says to you quite clearly that a writ comes from a court. What other way could it work?
Imagine the chaos if any fucker coukld issue a writ! We'd be hip deep in paper before you could say "Jack Robinson" and who'd cook dinner then?

Are you using American dictionaries? Don't.

There are many changes to legal terms in England which the yanks have not taken on. They still use archaic terms and if you use them you tell the English court system that you are not on the same page as they are and do not really know what you are doing. Stick to the English law dictionaries.

I hunted high and low for an English law dictionary entry for a MAREVA INJUNCTION then discovered that the name had been changed to a FREEZING ORDER. There are many such changes and it is easy to be led astray.

Musashi
It's still fucked, isn't it?
User avatar
musashi
Moderator
Moderator
 
Posts: 1177
Joined: Fri Aug 28, 2009 6:21 pm

Re: Writ Quo Warranto - by what authority

Postby treeman » Sun Apr 21, 2013 1:54 pm

The Latin phrase “quo warranto,” meaning “which warrant,” is often translated as “by what authority.” The term refers to a challenge to a person or entity on the grounds that authority is being abused or that there is a question as to where the person or entity's authority is derived from and whether or not it is legitimate. Such challenges are relatively unusual but there is room for them under many legal systems.

The origins of the quo warranto lie in common law, and appear to date back to the 1200s. These challenges were originally used by King Edward I, who utilized challenges to authority to attempt to disentangle some of the results of the political intrigues common in medieval England. The history of some offices and property titles had become muddied, and Edward I wanted to challenge the rights to hold these offices and properties on the grounds that they may have been improperly held.

Over time, the right to challenge in similar situations was extended to all and enshrined in the legal systems of many nations. An individual person can make a quo warranto demand if there is a belief that an office is being abused, neglected, or improperly held. Likewise, attorneys in a case can issue a challenge to authority. This is most commonly seen in civil cases involving corporations, in which an attorney asks whether or not a corporation is acting within the scope of its powers.
I'll make no subscription to their paradise.

All Rights Reserved - Without Prejudice - Without Recourse - Non-Assumpsit
Errors & Omissions Excepted
User avatar
treeman
 
Posts: 2821
Joined: Sat Apr 25, 2009 2:33 pm
Location: On the Land


Return to General chat

Who is online

Users browsing this forum: No registered users and 3 guests