Prohibition (writ)
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A writ of prohibition, in the United States, is an official legal document drafted and issued by a supreme court or superior court to a judge presiding over a suit in an inferior court. The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall within that inferior court's jurisdiction. The document is also issued at times when it is deemed that an inferior court is acting outside the normal rules and procedures in the examination of a case. In another instance, the document is issued at times when an inferior court is deemed headed towards defeating a legal right.
Prohibition: is also generally limited to appellate courts, who use it to prevent lower courts from exceeding their jurisdiction. A writ of prohibition is used to prevent an inferior court from exceeding its jurisdiction or acting contrary to the rules of natural justice.It’s issued by superior court to inferior court preventing inferior court from usurping a jurisdiction with which it was not legally vested ( or to compel inferior court to keep within the limits of its jurisdiction).
Writ issued in both cases where excess of jurisdiction and where there is absence of jurisdiction.Prohibition has much common with certiorary. Both the writ are issued with the object of preventing the inferior courts from exceeding their jurisdiction. Difference between prohibition and certiorary: When an inferior court takes up for hearing a matter over which it has no jurisdiction , the person against whom the proceedings are taken , can move to the superior courts for a writ of prohibition, and on that an order will issue forbidding the inferior court from continuing the proceedings. Prohibition to prevent the court to proceed further.
While in certiorary…
If the court hears the cause or matter and gives a decision , the party who aggrieved would’ve to move the superior court for a writ of certiorary on that and order will be made quashing the decision on the grounf of jurisdiction. (ie. In this the inferior court has a jurisdiction). Certiorari for quashing what had already been decided.
Prohibition and certiorari lies only against judicial and quasi-judicial bodies. It doesn’t lie against public authority in an executive or administrative capacity nor a legislative body.
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