A writ of consultation is an exceptional directive issued by a superior court to a lower court, instructing them to reconsider a case that they had previously declined to hear. It can be likened to a teacher instructing a student to complete their homework despite their initial reluctance. This differs from a prohibition, which is an order compelling a lower court to cease an activity that they should not be engaged in.
A writ of consultation is a legal order from an appellate court to a lower court, instructing it to proceed with a case that it had previously declined to hear. This writ is employed when the lower court fails to fulfil its legal duty to hear a case. For instance, if a plaintiff files a lawsuit in a lower court and it refuses to hear the case due to lack of jurisdiction, the plaintiff can submit a writ of consultation to an appellate court, requesting it to mandate the lower court to hear the case. If the appellate court determines that the lower court indeed had jurisdiction, it can issue a writ of consultation, directing the lower court to continue with the case. In summary, the example demonstrates how a writ of consultation can be utilised to compel a lower court to hear a case it previously rejected. This writ is an exceptional measure employed only when the lower court fails to fulfil its legal obligation to hear a case. The appellate court can issue the writ if it determines that the lower court had jurisdiction over the case.
A Writ of Consultation is a legal document issued by a higher court to seek the opinion or advice of a lower court on a specific legal matter.
A Writ of Consultation is typically used when a higher court is uncertain about a legal issue and seeks the expertise or perspective of a lower court before making a final decision.
Typically, only the higher court has the authority to request a Writ of Consultation. However, in some cases, parties involved in a legal dispute may also request the higher court to seek the opinion of a lower court.
No, a Writ of Consultation is not binding. It serves as an advisory opinion that the higher court can consider while making its final decision, but it is not legally binding on the higher court.
Generally, a Writ of Consultation cannot be appealed since it is not a final decision. However, parties may still have the opportunity to present their arguments and challenge the final decision made by the higher court.
The time taken to receive a response to a Writ of Consultation can vary depending on the complexity of the legal issue and the workload of the lower court. It can range from a few weeks to several months.
Yes, a Writ of Consultation can be used in criminal cases as well. If the higher court has doubts about the interpretation of a specific law or legal principle, it may seek the opinion of a lower court before making a final decision.
Yes, a Writ of Consultation can be used in civil cases too. If the higher court is unsure about the application of a particular legal doctrine or principle, it may request the lower court’s opinion to gain clarity before rendering a final judgment.
Yes, a Writ of Consultation can be used in administrative law cases as well. If the higher court needs guidance on a specific administrative law issue, it can seek the opinion of a lower court to assist in its decision-making process.
Yes, a Writ of Consultation can be used to resolve conflicts between different jurisdictions. If there is a disagreement or uncertainty regarding the interpretation of a law between different courts or jurisdictions, a higher court may seek the opinion of a lower court to help resolve the conflict.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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