Difference between injunction and writ?

Question

May I know the difference between injunction and writ? Any lawyers and eng teachers would like to help?thank you

BarbaraPA · Accepted Answer

You need a lawyer, not an English teacher.

How are they defined in the legal English dictionary you consulted before posting?

Anonymous · Answer

thx for the suggestion.

(http://www.translegal.com)

writ:

a legal document that tells a person about a lawsuit that has been filed against them, including details of the claim and when and where the case will be held

very different from what msn and longman dictionary defines,

(msn)

writ:

written court order: a written court order demanding that the addressee do or stop doing whatever is specified in the order

(longman)

writ:

a document from a court that orders someone to do or not to do something

On the other hand, injunction is all defined similarly.

Clive · Answer

Hi,
My Canadian Oxford Paperback Dictionary offers this.

injunction - a judicial order restraining a person or a corporation from an act or compelling redress to an injured party

writ - a form of written command in the name of a sovereign, court, government, etc. to act or abstain from acting in some way.

________

For more detail, look here.
http://legal-dictionary.thefreedictionary.com/writ

http://legal-dictionary.thefreedictionary.com/injunction

Clive

Forbes · Answer

Basically a writ is an application to the court and an injunction is an order by the court to do something or not to do something.

Aqua blue 753 · Answer

An injunction is a writ but every writ is not an injunction.An injunction is a specific court order to do or not to do something. A writ is a broad court order. The types of writs will make the difference clear.

Habeas Corpus writ - Court order to show them the body
Mandamus. ... Court order to a lower court or government official to do or not to do something.
Certiorari. ... Court order to a lower court to hand over its records of a case for review by the higher court
Prohibition. .. Court order to stop doing something.
The Writ of Quo-Warranto. -Court order asking under which authority you have done or not done a job.

As you can see the Mandamus Writ and the Writ of Prohibition are injunctions but the others are not.

Mark Fletton · Answer

In English law, a writ is a formal written order of a body which has either administrative or judicial authority. In practice, this body is now usually a court. The order is directed at someone and it tells them to do something. The English common law after 1066 was built around the writ system. Essentially, a writ would tell someone to do something or explain why they could not or would not do it. They came to be a method of commencing legal proceedings in the king's courts. In modern times, however, legal proceedings in England & Wales are commenced by a 'Claim Form', rather than a writ. Writs are still used, however, although mainly in administrative actions, and are usually directed at bodies and organisations, such as local authorities.

Injunctions are orders of the court. They tell someone to stop doing something unlawful. They are often directed at individuals or companies for doing unlawful things (for example, creating a nuisance). Occasionally, though not often in English law, they may tell someone to do something (such as an order for 'specific performance' of a contract). They can be permanent (final) or temporary (interim).

I hope this helps.

Mark Fletton: OISE Cambridge

Difference between injunction and writ?

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thx for the suggestion.

(http://www.translegal.com)

writ:

a legal document that tells a person about a lawsuit that has been filed against them, including details of the claim and when and where the case will be held

very different from what msn and longman dictionary

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