An order, issued originally by the king in England but more recently by a court, commanding a person to do a specific thing or to appear and explain why he or she should not be compelled to do it.
Alternative Writ: A legal term referring to a writ issued by a court that provides an alternative to a more severe or drastic remedy. It is a type of writ that gives the defendant the option to either comply with the court’s order or face a more severe penalty. The alternative writ is often used in cases where the court wants to give the defendant a chance to correct their behaviour before imposing a more severe punishment. It is commonly used in cases involving civil rights violations, environmental issues, and other matters of public interest.
An alternative writ is a legal document issued by a court that commands a party to either perform a specific action or show cause as to why they should not be required to do so. It is an alternative to a peremptory writ, which is a final and binding order. The purpose of an alternative writ is to give the party an opportunity to present arguments and evidence before a final decision is made. If the party fails to comply with the alternative writ or fails to provide sufficient cause, the court may issue a peremptory writ, which is enforceable and may result in penalties for non-compliance.
Under the common law, the writs of prohibition and mandamus were alternative writs. In modern systems of court procedure, an order to show cause serves the same purpose. It commands a person to do something or come into court and show cause why he or she should not be made to do it.
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: 29th March, 2024.
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