Coram What? An Introduction to Federal Special Writs

This article is about the special writs available in federal courts, which are not as well known as the ones in Florida state courts. The writer wants to help Florida lawyers understand these federal writs better. They mention that federal extraordinary writs are not used very often, and they want to explain them in a way that’s easier to understand. Part one talks about the All Writs Act, and part two discusses the most important federal writs: mandamus, prohibition, and quo warranto. The writer briefly mentions other important federal writs like habeas corpus, certiorari, and injunction. Part three will talk about the less important and abolished writs. The All Writs Act is a law that allows federal courts to issue orders to help them do their job. For example, if a lower court’s actions might affect an appeal, the higher court can use this law to fix the problem. However, this law only applies to federal courts and doesn’t work for state courts. It’s also important to note that if there’s another way to solve the problem, the court won’t use this law. One type of order that can be issued under this law is called a mandamus, which is like a command to make someone do something required by law. However, it’s only used in extreme situations when no other solution is available. In federal court, the rules for using writs of mandamus are different than in state court. Federal courts can still issue writs of mandamus under certain circumstances, but it’s not as common as it used to be. The rules for federal mandamus are more flexible and can be used to compel government officials to do their jobs. It’s similar to Florida’s writs of certiorari and mandamus, but with some differences. The federal court system has different types of writs, like mandamus and prohibition, that are used to challenge court orders or actions. Mandamus is often used when a party wants a court to make a decision or take action, while prohibition is used to prevent a court from making a certain decision. These writs are not used very often in federal courts, but they can be important in certain situations. For example, mandamus relief has been granted in cases involving issues like First Amendment privilege and temporary restraining orders. Prohibition, on the other hand, is rarely used in the federal system. Quo warranto is a legal term that means “by what authority.” It’s an old way for the King of England to question if someone has the right to hold a certain office or position. In the US, it’s rarely used, but it can be brought to challenge the authority of a public official to hold office. Only certain people, like the Attorney General or a prosecutor, can bring this kind of case, and even then, it’s not common. In some cases, other people can bring the case if the Attorney General or prosecutor won’t do it. In recent years, there was a famous case where someone tried to use quo warranto to challenge President Obama’s right to be in office, but the court said she didn’t have the right to bring the case. Overall, quo warranto is a pretty rare and complicated legal concept. Extraordinary writs like coram nobis and audita querela are ancient legal remedies used to correct errors in criminal convictions. They are rarely used, but still important in certain situations. These writs can help people challenge a judgment that was incorrect or present new evidence after a judgment has been made. While they have fancy Latin names, they can be valuable tools for seeking justice in the legal system. This passage discusses different types of legal writs and their use in federal courts. It also mentions some specific cases and quotes from legal dictionaries. It also includes some statistics and sources for further information on federal court cases. This list contains references to legal cases and articles discussing various legal procedures and concepts, such as extraordinary writs, coram nobis, audita querela, and habeas corpus. The references include court cases and legal articles from different time periods and jurisdictions. This section includes citations to legal statutes and cases, as well as information about two attorneys. The Appellate Practice Section submitted the column, and its purpose is to promote the principles of duty and service to the public within the legal profession.

Source: https://www.floridabar.org/the-florida-bar-journal/coram-what-an-introduction-to-federal-special-writs/