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Encyclopedia > Procedendo

In common law jurisprudence, procedendo is one of the prerogative writs. It is a writ that sends a case from an appellate court to a lower court with an order to procede to judgment. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Jurisprudence is the scientific and historic study of law, inclusive of: Legal history, including legal historiography and hermeneutics; Legal philosophy; Legal science, e. ... In English law, the prerogative writs are a class of writs originally available only to the Crown, but which were later made available to the kings subjects through the courts. ... In law, a writ is a formal written order issued by a government entity in the name of the sovereign power. ...


"The writ of procedendo is merely an order from a court of superior jurisdiction to one of inferior jurisdiction to proceed to judgment. It does not in any case attempt to control the inferior court as to what that judgment should be."


State ex rel. Davey v. Owen, 133 Ohio St. 96, 106 (Ohio 1937).


The writ of procedendo ad judicium was the earliest remedy for the refusal or neglect of justice on the part of the courts.It was an original writ, issuing out of chancery to the judges of any subordinate court, commanding them in the king's name to proceed to judgment, but without specifying any particular judgment. In case of disobedience or of neglect on the part of the judges to whom it was addressed, or refusal by them to act, they were liable to punishment for contempt.


Inherently, the most important limitation on this jurisdiction is that the writ of mandamus is not a proper remedy to control or direct the decisions of inferior courts in matters wherein they have judicial cognizance and discretion. In other words, so far as the writ affects the action of inferior courts, its use is not to be extended to compel the rendition of a particular judgment, in accordance with the views of a higher court.


In re Press Printers & Publishers, Inc., 12 F.2d 660, 664 (3d Cir. 1926)


It corresponds to certiorari, except that certiorari is a higher court's order to a lower court to send the record of a case to it for appellate review. Certiorari is a legal term in Roman, English and American law referring to a type of writ seeking judicial review. ... Certiorari is a legal term in Roman, English and American law referring to a type of writ seeking judicial review. ...


  Results from FactBites:
 
Procedendo - Wikipedia, the free encyclopedia (317 words)
In common law jurisprudence, procedendo is one of the prerogative writs.
The writ of procedendo ad judicium was the earliest remedy for the refusal or neglect of justice on the part of the courts.It was an original writ, issuing out of chancery to the judges of any subordinate court, commanding them in the king's name to proceed to judgment, but without specifying any particular judgment.
In case of disobedience or of neglect on the part of the judges to whom it was addressed, or refusal by them to act, they were liable to punishment for contempt.
  More results at FactBites »


 

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