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    Rule 65 Distinctions

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    Carla Virtucio
    The document compares and contrasts four types of writs: injunction, prohibition, mandamus, and certiorari. An injunction is directed at parties in a legal action and does not involve jurisdiction, while a prohibition challenges a court's jurisdiction. A mandamus compels the performance of a ministerial duty and also challenges jurisdiction. Certiorari is intended to correct acts, prohibition to prevent acts, and mandamus to compel acts.

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    Rule 65 Distinctions

    Uploaded by

    Carla Virtucio
    52 views1 page
    The document compares and contrasts four types of writs: injunction, prohibition, mandamus, and certiorari. An injunction is directed at parties in a legal action and does not involve jurisdiction, while a prohibition challenges a court's jurisdiction. A mandamus compels the performance of a ministerial duty and also challenges jurisdiction. Certiorari is intended to correct acts, prohibition to prevent acts, and mandamus to compel acts.

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    rule 65 RemRev

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    The document compares and contrasts four types of writs: injunction, prohibition, mandamus, and certiorari. An injunction is directed at parties in a legal action and does not involve jurisdiction, while a prohibition challenges a court's jurisdiction. A mandamus compels the performance of a ministerial duty and also challenges jurisdiction. Certiorari is intended to correct acts, prohibition to prevent acts, and mandamus to compel acts.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    52 views1 page

    Rule 65 Distinctions

    Uploaded by

    Carla Virtucio
    The document compares and contrasts four types of writs: injunction, prohibition, mandamus, and certiorari. An injunction is directed at parties in a legal action and does not involve jurisdiction, while a prohibition challenges a court's jurisdiction. A mandamus compels the performance of a ministerial duty and also challenges jurisdiction. Certiorari is intended to correct acts, prohibition to prevent acts, and mandamus to compel acts.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    INJUCTION

      PROHIBITION  
    Directed  against  any  party  in  the  action   Directed   against   a   court,   tribunal   or   person  
    exercising  judicial  power  
    Does  not  involve  jurisdiction  of  the  court   May   be   on   the   ground   that   the   court   against  
    whom   the   writ   is   sought   acted   without   or   in  
    excess  of  jurisdiction  
    May  be  the  main  action  itself,  or  just  a   Always  a  main  action  
    provisional  remedy  in    a  main  action   Note:   To   temporarily   restrain   a   proceeding   for  
    prohibition,   preliminary   injunction   must   be   sought  
    therein  
     
     
    INJUNCTION   MANDAMUS  
    Directed  against  a  party  in  the  action   Directed   against   a   court,   tribunal   or   person  
    exercising  judicial  powers.  
    Does  not  involve  jurisdiction  of  the  court   May  be  on  the  ground  that  the  court  against  
    whom  the  writ  is  sought  acted  without  or  in  
    excess  of  jurisdiction  and  unlawfully  neglects  the  
    performance  of  an  act  which  the  law  specifically  
    enjoins  as  duty  being  ministerial  in  nature  
    May  be  the  main  action  itself,  or  just  a   Always  a  main  action  
    provisional  remedy  in    a  main  action  
     
     
      CERTIORARI   PROHIBITION   MANDAMUS  
    Purpose   Intended   to   correct   an   act   Intended   to   prevent   Intended   to   compel   the  
    performed   by   the   the   commission   of   performance   of   an   acr  
    respondents   carrying  out  of  an  act   desired  
    Acts  sought  to  be   Extends   only   to   Extends   to   Extends   only   to  
    controlled   discretionary  acts   discretionary   and   ministerial  acts  
    ministerial  acts  
    Respondent   Respondents  exercising   Respondents   Respondents  
    judicial  or  quasi-­‐judicial   exercising   judicial   exercising   judicial  
    functions   and/or   non-­‐judicial   and/or   non-­‐judicial  
    functions   functions  
     
     

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