Section 13.10 Introduction

LibraryApp Ct Prac 2015 Supp

A. (§13.10) Introduction

The writ of prohibition, as the name implies, differs from the writ of mandamus in that it prevents a judicial officer or other person from taking specified action. The cases usually couch the issue presented as one of jurisdiction—either the lack of jurisdiction, acting in excess of the court’s jurisdiction, abusing the court’s jurisdiction, or in some other way taking action or threatening to take action not authorized by law. The appellate courts are careful to emphasize that the writ is not a substitute for appeal or a cure...

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