Different Writ Legal Definition Term

Different Writ Legal Definition Term

1.A writ of attachment permits the arrest of a person or the seizure of private property.

2. A writ of capias directs an officer to take into custody the person named in the writ or order[1]

3. A writ of coram nobis corrects a previous error “of the most fundamental character” to “achieve justice” where “no other remedy” is available, e.g., when a judgment was rendered without full knowledge of the facts.

 4. A writ of mittimus orders either (1) a court to send its record to another or (2) a jailor to receive the accused in his or her custody at any point during the investigative or trial process. [6]A writ of praemunire instructs a sheriff to order someone to appear in court to answer for any of a number of different crimes.

5. A writ of frrts contains a command to stay the proceedings at law.[

6. Terms with ‘Civil’ or ‘Rights’ or ‘Conspiracy’
A civil rights conspiracy is defined as “a combination of two or more persons acting in concert to commit an unlawful act, or to commit a lawful act by unlawful means, the principal element of which is an agreement between the parties to inflict a wrong against or injury upon another, and an overt act that results in damages.” Diaz-Bigio v. Municipality of San Juan, 2009 U.S. Dist. LEXIS 100841 (D.P.R. Oct. 28, 2009)

7. Abuse of Rights

The doctrine of Abuse of Rights, found in various guises in Civil Law jurisdictions, refers to the concept that the malicious or antisocial exercise of otherwise legitimate rights can give rise to civil liability. In general terms, the doctrine of abuse of rights provides that ‘fault’ in the delictual sense. It may be imposed upon a party who has exercised a right in a manner that has caused injury to another. At least one of four conditions is required to invoke the doctrine: (1) the predominant motive for exercising the right is to cause harm; (2) no serious or legitimate motive exists for exercising the right; (3) the exercise of the right is against moral rules, good faith, or elementary fairness; or (4) the right is exercised for a purpose other than that for which it was granted.
8 .
American Convention on Human Rights

The American Convention on Human Rights is an international human rights instrument aimed at establishing a system of personal liberty and social justice based on respect for the essential rights of man. The convention emphasizes on respecting the recognized rights and freedoms guaranteed to all persons. It further provides that every individual must be given the full freedom to exercise their rights and freedoms without any discrimination on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. It generally lays down the standards on human rights that must be observed in all the states of America.

The American Convention on Human Rights was adopted in the year 1969 at the meeting of the states of America in San José, Costa Rica. It came into force in the year 1978. The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights are the principal bodies that are responsible for the observance of the provisions laid down in the convention. The American Convention on Human Rights is also known as the Pact of San José.

 

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