Section 11 Subject Matter or Personal Jurisdiction

• Library: Remedies 2006

The clearest case for the issuance of a writ of prohibition is when it can be shown that the court lacks the power to take any action in the particular circumstances. For example, even though the circuit courts have broad power to adjudicate almost any type of case, they cannot hear workers’ compensation cases in which the Labor and Industrial Relations Commission has exclusive jurisdiction. Accordingly, when a person files a suit for damages against a statutory employer or against a co-employee who has not committed an “affirmative negligent...