Chapter 35. Quo Warranto. | D.C. Law Library (2024)

FAQs

What is a quo warranto District of Columbia? ›

A quo warranto may be issued from the United States District Court for the District of Columbia in the name of the United States against a person who within the District of Columbia usurps, intrudes into, or unlawfully holds or exercises, a franchise conferred by the United States or a public office of the United ...

In the quo warranto action, the superior court will decide whether the defendant is lawfully entitled to the office in question. If the defendant is not entitled to hold the office, the court may decide who does have that right.

§ 16–3502.

The Attorney General of the United States or the United States attorney may institute a proceeding pursuant to this subchapter on his own motion or on the relation of a third person.

Ganto on October 19,2023. Quo warranto is a remedy to assail an illegal intrusion into a public office or position (not a private one). It is also the proper remedy when the State questions the existence of a de facto corporation or the unlawful exercise of a franchise by a de jure or legally incorporated corporation.

Quo warranto literally means "by what authority" or "by what warrant." BLACK'S LAW DICTIONARY (8^th ed. 2004). The ancient writ of quo warranto was used by the King of England to determine whether an individual was in lawful possession of his office, and, if not, to oust him from that position.

A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).

'Quo Warranto' means 'by what warrant'. Through this writ, the Court calls upon a person holding a public office to show under what authority he holds that office. If it is found that the person is not entitled to hold that office, he may be ousted from it.

A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.

§ 11–2503. Disbarment upon conviction of crime; procedure for censure, suspension, or disbarment. D.C. Law Library.

Extortion. (2) That person obtains or attempts to obtain property of another with the other's consent which was obtained under color or pretense of official right.

What is the DC Code 51 103? ›

§ 51–103.

(b) Each employer shall pay contributions equal to 2.7% of wages paid by him during the calendar year 1940 and thereafter with respect to employment after December 31, 1939.

Remember that a writ of habeas corpus is a civil proceeding, not a criminal proceeding. This means a person filing a petition for writ of habeas corpus must follow the state's rules for civil procedure to determine when the petition or subsequent motions are due.

Under the U.S. Constitution, the U.S. Congress holds exclusive jurisdiction over the District of Columbia, even though the District does not have representatives in Congress. However, the Home Rule Act of 1973 created a local government for the District. This consists of a mayor and an elected council with 13 members.

The DC Courts are the third branch of the District of Columbia government. The Mayor presides over the executive branch and the Council of the District of Columbia is the legislative branch. The Courts hear and decide cases based on the evidence and the applicable law.

The Circuit Court of the District of Columbia was established on February 27, 1801 by the District of Columbia Organic Act of 1801, 2 Stat. 103, which authorized one chief judge and two assistant judges who were to serve during good behavior.