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QUO WARRANTO EXAMINED
The scope of this small work is too narrow to fully inspect all historical usages of the prerogative writs, especially Quo Warranto. However, it is important that a basic knowledge of its function be established.
Quoted from www.constitution.org, author unknown:
"A writ of quo warranto is not a petition, but a notice of demand, issued by a demandant, to a respondent claiming some delegated power, and filed with a court of competent jurisdiction, to hold a hearing within 3 to 20 days, depending on the distance of the respondent to the court, to present proof of his authority to execute his claimed powers. If the court finds the proof insufficient, or if the court fails to hold the hearing, the respondent must cease to exercise the power. If the power is to hold an office, he must vacate the office.
The writ is unlike a petition or motion to show cause, because the burden of proof is on the respondent, not on the demandant.
By itself, the writ does not seek the support of the court to order the respondent to cease the exercise or vacate the office. That would be an accompanying writ of prohibito or a writ of mandamus. All such writs contemplate enforcement by the people as militia, although that could include the sheriff or constable as commander of militia. The right involved is that of the respondent to present his evidence.
These writs are called prerogative writs because they are supposed to be docketed ahead of all other cases except other prerogative writs. The demandant represents the sovereign, the people, and anyone may appear in that capacity, even without a personal stake in the decision."
Quoted from www.dictionary.com:
quo war·ran·to [kwoh waw-ran-toh]