Define: Writ of Certiorari

Writ of Certiorari

Certiorari is a Latin word meaning "to be informed of, or to be made certain in regard to". It is also the name given to certain appellate proceedings for re-examination of actions of a trial court, or inferior appeals court.

Define: Writ of Mandamus

Writ of Mandamus can be filed in appeals court to command lower courts to act (or not act).

Mandamus is a judicial remedy which is in the form of an order from a superior court to any government subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty.

Define: Ex Parte

Ex parte

when one party to a case speaks or meets with a judge without the presence of the other party or party’s attorney. This type of communication is highly inappropriate and not allowed except in unusual and emergency circumstances.

What is an 'ex parte' hearing?

Define: Malfeasance Misfeasance

  The following terms are often used when public officials exceed their authority.


Malfeasance

the performance by a public official of an act that is legally unjustified, harmful, or contrary to law

Misfeasance

the wrongful performance of a normally lawful act; the wrongful and injurious exercise of lawful authority 

In Which Court To File Civil Case

When filing suit, the logical place to start is in the lowest level court.  For local civil (not criminal) issues, even if their is a federal law that could apply, first look for applicable local law or state law and file suit in local court.

Many civil issues are covered by the Uniform Commercial Code, which has been adopted by most states.

When To File Lis Pendens

The Lis Pendens should only be filed after a case affecting the property has been filed.  There can be issues if the property title is purposely clouded before there is proper justification.  Filing the Lis Pendens without justification may result in slander of title.

Legal Tender & Credit

While credit cards and checks spend the same as money in the form of coins and bills, credit is not legal tender.

The Legal Tender Statute only applies to debt.  A store can pre-emptively refuse legal tender coins and bills before a debt is incurred.  In fact, a store can decide to only accept roasted almonds as payment.

From the US Treasury website
... [T]he Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled "Legal tender," which states: "United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues."

This statute means that all United States money as identified above are a valid and legal offer of payment for debts when tendered to a creditor. There is, however, no Federal statute mandating that a private business, a person or an organization must accept currency or coins as for payment for goods and/or services. Private businesses are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise. For example, a bus line may prohibit payment of fares in pennies or dollar bills.


A check is not legal tender.  A check is conditional payment and does not immediately discharge a debt.
Supreme Court of Wyoming
AZTEC GAS OIL CORPORATION v. ROEMER OIL COMPANY
AZTEC GAS & OIL CORPORATION, a Nevada Corporation, Appellant (Defendant), v. ROEMER OIL COMPANY, a Colorado Corporation, Appellee (Plaintiff).
No.96-180.
-- December 05, 1997
We adopt a definition of legal tender consistent with both the UCC and regional common law and hold that payment by check does not discharge a debt unless and until the check is honored; once honored, the time of payment relates back to the time the check is delivered.


NY Times 1907 article on legal tender limitations during that time

Define: Lis Pendens

To inform property deed searchers of a pending action against the property, file a lis pendens.  Many people will not purchase property with complications and a lis pendens is a complication.