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QUO WARRANTO
(Medieval Latin for "by what warrant?")
is a prerogative writ requiring the person to whom it is
directed to show what authority they have for exercising some right or
power (or "franchise") they claim to hold.
A legal proceeding
during which an individual's right to hold an office or governmental
privilege is challenged.
In old
English practice, the writ of quo warranto—an order issued by authority of
the king—was one of the most ancient and important writs. It has not,
however, been used for centuries, since the procedure and effect of the
judgment were so impractical.
Currently
the former procedure has been replaced by an information in the
nature of a quo warranto, an extraordinary remedy by which a
prosecuting attorney, who represents the public at large, challenges
someone who has usurped a public office or someone who, through abuse or
neglect, has forfeited an office to which she was entitled. In spite of the
fact that the remedy of quo warranto is pursued by a prosecuting attorney
in a majority of jurisdictions, it is ordinarily regarded as a civil rather
than criminal action. Quo warranto is often the only proper legal remedy;
however, the legislature can enact legislation or provide other forms of
relief.
Statutes
describing quo warranto usually indicate where it is appropriate.
Ordinarily it is proper to try the issue of whether a public office or
authority is being abused. For example, it might be used to challenge the Unauthorized Practice of a profession, such
as law or medicine. In such situations, the challenge is an assertion that
the defendant is not qualified to hold the position she claims—a medical
doctor, for example.
In some
quo warranto proceedings, the issue is whether the defendant is entitled to
hold the office he claims, or to exercise the authority he presumes to have
from the government. In addition, proceedings have challenged the right to
the position of county commissioner, treasurer, school board member,
district attorney, judge, or tax commissioner. In certain jurisdictions,
quo warranto is a proper proceeding to challenge individuals who are acting
as officers or directors of business corporations.
A
prosecuting attorney ordinarily commences quo warranto proceedings; however,
a statute may authorize a private person to do so without the consent of
the prosecutor. Unless otherwise provided by statute, a court
permits the filing of an information in the nature of quo warranto after an
exercise of sound discretion, since quo warranto is an extraordinary
exercise of power and is not to be invoked lightly. Quo warranto is not a
right available merely because the appropriate legal documents are filed.
Valid reason must be indicated to justify governmental interference with
the individual holding the challenged office, privilege, or license.
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T O N I G H T
S D I S C U S S I O N
NINE WINS
IN A ROW
CRIMINAL
AND CIVIL
What is the secret?
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SPEAKER: Mr. Tony Davis
....... shares
with us that he Writ of Error Quo Warranto requires a complete
investigation of all aspects of a case and all people.
Do not assume
that because they are government officials that they are valid or
honest!!.
Every document
obtained must be certified!!
"Copies"
of documents could be prepared by your 6 year old.
INVESTIGATION:
Ø The judge, background, credentials,
documents.
Ø The prosecutor, background, credentials,
documents.
Ø The clerks, background, credentials,
documents.
Ø A copy of the financial records and
financial statements of the prosecutor, judge and clerks.
Ø A copy of any campaign contributions and
financial statements disclosed
Ø with the Secretary of State.
Ø A complete and thorough investigation of
the backgrounds of the federal officials.
It is possibly the most powerful
writ in the country, for both federal and state cases, if done properly.
What we have found:
Ø Judges oath was notarized on January
1, a legal holiday.
Ø Judge did not have an oath.
Ø Prosecutor did not have an anti-bribery
affidavit.
Ø Court dismissed rather than disclose
judge's records.
Ø Judge had a mortgage with the defendant
and received campaign contributions from defense attorney.
THIS IS POWERFUL!!. TUNE IN!!.
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For more information on NOT volunteering information to the IRS
and how to use the information to your benefit then tune in to www.FreedomsRadio.com.
Other tools are available.
If you understand
the law, you can win!!
Tune in for more
exciting information.
~*~
YRIITL has been serving the American community for over 7 years
to secure the very best in Information Providers to assist you and to teach
you how to deal with court related matters. Our Students are simply the
best informed, bar none.
~*~
For
more information .......
Contact: Martin Michaelsson:
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