Section 2 Purpose of Writ of Prohibition
Library | Administrative Law 2011 |
Prohibition is an extraordinary remedy available to restrain courts and other public bodies exercising quasi-judicial powers from acting in excess of the powers conferred on them. State ex rel. Gralike v. Walsh, 483 S.W.2d 70, 74 (Mo. banc 1972). It is a powerful writ, requiring the body against whom it is directed to cease further activities. State ex rel. Anderson v. Nixon, 158 S.W.3d 306, 308 (Mo. App. W.D. 2005).
The prohibition remedy is “essentially a means to prevent usurpation of judicial power, confine inferior courts and agencies to their proper jurisdiction and prevent them from acting without or in excess
of their jurisdiction.” State ex rel. Lohman v. Pers. Advisory Bd.,
948 S.W.2d 701, 703 (Mo. App. W.D. 1997) (quoting State ex rel.
401 N. Lindbergh Assocs. v. Ciarleglio, 807 S.W.2d 100, 103 (Mo. App. E.D. 1990)).
Because prohibition is such a powerful tool, its use is limited to three, fairly rare categories of cases. State ex rel. Riverside Joint Venture v. Mo. Gaming Comm’n, 969 S.W.2d 218, 221 (Mo. banc 1998). The three categories are as follows:
When a judicial or quasi-judicial body lacks personal jurisdiction over a party or lacks jurisdiction over the subject matter the body is asked to adjudicate
When a lower tribunal lacks the power to act as contemplated
In those very limited situations in which an absolute irreparable harm may come to a litigant if some spirit of justifiable relief is not made available to...
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- Section 1 Introduction
- Section 2 Purpose of Writ of Prohibition
- Section 3 Criteria for Application of Writ of Prohibition
- Section 4 Agency Actions in Excess of or Without Jurisdiction
- Section 5 Lack of Adequate Remedy at Law by Way of Appeal
- Section 6 Limitations on Judicial Review of Administrative Action by Prohibition
- Section 7 Exhaustion of Administrative Remedies
- Section 8 Standing
- Section 9 Justiciable Controversy
- Section 10 Jurisdiction and Venue
- Section 11 Pleadings, Record, and Briefs
- Section 12 Judgment
- Section 13 Review of Judgment and Standard of Review
- Section 14 Purpose of Writ of Mandamus
- Section 15 Criteria for Application of Writ of Mandamus
- Section 16 Clear, Existing, Unconditional Legal Right in Relator
- Section 17 Corresponding, Present, Imperative, Unconditional Duty of Respondent to Perform Requested Act
- Section 18 No Adequate Alternative Remedy
- Section 19 Enforcement and Control of Administrative Action by Mandamus
- Section 20 Mandamus Unavailable to Control Exercise of Lawful Agency Discretion
- Section 21 Exhaustion of Administrative Remedies
- Section 22 Standing
- Section 23 Jurisdiction
- Section 24 Pleadings, Record, and Briefs
- Section 25 Review of Judgment and Standard of Review
- Section 26 Statutory Mandamus and Prohibition
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