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In English common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs and subpoenas are common types of writs but innumerable forms exist, as listed in Palgrave's ''Parliamentary Writs'' (1827, 1834).〔Francis Palgrave (1788-1861), ''Parliamentary Writs and Writs of Military Summons'' (2 volumes, 1827 and 1834)〕 In its earliest form a writ was simply a written order made by the English monarch to a specified person to undertake a specified action, for example in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time.〔Francis Palgrave (1788-1861), ''Parliamentary Writs and Writs of Military Summons'' (2 volumes, 1827 and 1834)〕 An early usage survives in the United Kingdom in a writ of election which is a written order issued on behalf of the monarch to High Sheriffs of every county to hold a general election. Writs were used by the mediaeval English kings to summon persons to Parliament (then consisting of House of Lords alone) whose advice was considered valuable or who were particularly influential, who were thereby deemed to have been created "barons by writ". ==English law== ===History=== The development of writs as a means of commencing a court action was a form of "off-the-shelf" justice designed to enable the English law courts to rapidly process lawsuits by allocating each form of complaint into a standard category which could be dealt with by standard procedures. The complainant simply applied to the court for the writ most relevant to his complaint to be sent to the wrongdoer, which ordered him under royal authority to attend a royal court to answer for his actions. The development was part of the establishment of a Court of Common Pleas, for dealing with commonly made complaints by subjects of the crown, for example: "someone has damaged my property". The previous system of justice at the royal court of Chancery was tailor-made to suit each case and was thus highly time-consuming. Thus eventually the obtaining of a writ became necessary, in most cases, to have a case heard in one of the Royal Courts, such as the King's Bench or Common Pleas. Some franchise courts, especially in the Counties Palatine, had their own system of writs which often reflected or anticipated the common law writs. The writ was "served" (delivered in person to) on the wrongdoer and acted as a command that he should appear at a specified time and date before the court specified in the writ, or it might command some other act on the part of the recipient. Where a plaintiff wished to have a case heard by a local court, or by an Eyre if one happened to be visiting the County, there would be no need to obtain a writ. Actions in local courts could usually be started by an informal complaint. However, if a plaintiff wished to avail himself of Royal — and by implication superior — justice in one of the King's courts, then he would need a writ, a command of the King, to enable him to do this. Initially for common law, recourse to the King's courts was unusual, and something for which a plaintiff would have to pay. For most Royal Courts, the writ would usually have been purchased from the Chancery, although the court of the Exchequer, being in essence another government department, was able to issue its own writs. While originally writs were exceptional, or at least non-routine devices, Maitland suggests that by the time of King Henry II (1154-1189), the use of writs had become a regular part of the system of royal justice in England. At first, new writs were drafted to fit each new situation, although in practice the clerks of the Chancery would use wording from previously issued writs, with suitable adjustments, often taken from reference books containing collections of forms of writ, much as in modern times lawyers frequently use fixed precedents or boilerplate, rather than re-inventing the wording of a new legal document. The problem with this approach was that a plaintiff's rights and available forms of action at his disposal, would be defined, and in most cases limited, by the limited variety of writs available to him. Thus the power to create new writs was akin to the power to create new rights, a form of extra-parliamentary legislation. Moreover, a writ, if one could be found fitting the plaintiff's case, provided the legal means to remove the dispute from the jurisdiction of the local court, often controlled by a lesser noble, and instead have it heard by the King's judges. The nobility thus saw the creation of new writs as an erosion of their influence. Over time, opposition to the creation of new writs by the Chancery increased. For example, in 1256 a court was asked to quash a writ as "novel, unheard of, and against reason" (Abbot of Lilleshall v Harcourt (1256) 96 SS xxix 44). Ultimately in 1258 the King was forced to accept the Provisions of Oxford, which among other things, prohibited the creation of new forms of writ without the sanction of the King's council. New writs were created after that time only by the express sanction of Parliament and the forms of writ remained essentially static, each writ defining a particular form of action. It was the role and expertise of a solicitor to select on his client's behalf the appropriate writ for the proposed legal action. These were purchased from the court by payment of a fee. A barrister would then be hired by the solicitor to speak for his client in court. With the abolition of the Forms of Action in 1832 and 1833, a profusion of writs was no longer needed, and one uniform writ came into use. After 1852 the need to state the name of the form of action was also abolished. In 1875 the form of writ was altered so that it conformed more to the subpoena used in the Chancery. A writ was a summons from the Crown, to the parties to the action, with on its back the substance of the action set out, together with a 'prayer' requesting a remedy from the court (for example damages). In 1980 the need for writs to be written in the name of the Crown was ended. From that time, a writ simply required the parties to appear. Writs applied to claims that were to be heard in one of the courts which eventually formed part of the High Court of Justice. The procedure in a County Court, which was established by statute, was to issue a 'summons'. In 1999 the Woolf Reforms unified most of the procedure of the Supreme Court and the County Court in civil matters. These reforms brought in the Civil Procedure Rules. Under these almost all civil actions, other than those connected with insolvency, are now commenced by the completion of a 'Claim Form' as opposed to the obtaining of a 'Writ', 'Originating Application', or 'Summons' (see Rules 7 and 8 of the Civil Procedure Rules). 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「writ」の詳細全文を読む スポンサード リンク
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