A writ of prohibition is an order to a court to stop trying a case, usually issued by a higher court if a lower court exceeds its jurisdiction or fails to follow proper procedure. It is rare and used to protect the integrity of the legal system.
A writ of prohibition is an order to a court to cease trying a case. The act also affects the parties involved in the case, ordering them to cease their activities. There are several reasons why a prohibition act could be issued. Such acts are relatively rare, as legal situations rarely go so far as to require a prohibition act.
The writ is usually issued by a higher court which has authority over a lower court. One reason a court issues a writ of prohibition is if it believes a lower court is acting outside its jurisdiction. When courts exceed their jurisdiction, they actually have no authority over the matter at hand and must be tried in another court for the findings to have legal standing. Courts usually try to avoid hearing cases that do not fall within their jurisdiction, thus eliminating any reason to get a prohibition warrant issued to cause them to stop handling certain cases.
Another reason for such an act is a situation where a court does not operate according to the normal rules of procedure. As with courts that exceed jurisdiction, failure to comply with the procedure compromises the validity of the decision made by the court. Those involved in the process can later contest the outcome on the grounds that the process was not conducted properly and therefore that the decision is not legally binding.
If a decision nullifies a legal right, a higher court can issue a prohibition warrant. All of these situations are relatively rare and the circumstances in which a prohibition act would be necessary or appropriate are consequently very unusual. When a court issues such a writ, it must provide information about why it was issued, and this information can be used to argue against an order to stop the writ on the grounds that the writ was issued in error.
The legal system is deliberately built in layers to protect the rights of citizens and the integrity of the legal system itself. The further up the legal system a case progresses, the more authority a court has. This allows individuals to go through multiple levels of authority as they pursue or appeal a case, with scrutiny from different angles at each level to confirm that the case is being handled appropriately. Higher courts may issue other orders to lower courts requiring them to take different actions if a higher court judge has reason to believe that a lower court is not acting appropriately.
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