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Quo warranto

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  • keystone law
    REPOST Quo warranto is an ancient legal procedure by which citizens can challenge actions of government agencies and corporations when they exceed their
    Message 1 of 1 , Dec 1, 2003
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      REPOST
       
       
      Quo warranto is an ancient legal procedure by which citizens can
      challenge actions of government agencies and corporations when they
      exceed their legally granted authority.
      Quo warranto is used to prevent an official or legal entity from
      exercising its authority in an unlawful manner and to try title to a
      public office, corporate office or franchise.

      The primary question in quo warranto cases is whether some person or
      corporation has usurped or intruded into another's lawful office or
      authority, or whether that person is unlawfully holding or executing
      an office or franchise.

      If the person against whom a quo warranto action is brought is found
      to not have a valid claim to the office or authority he is holding or
      exercising, he can be ousted from office or prevented from continuing
      to exercise that authority.

      The theory is that the office or franchise has been forfeited by an
      act of misconduct by the official or corporation and thus is usurping
      power illegally.

      Some examples of the use of quo warranto are:

      To determine whether a public official is qualified to hold his
      office and exercise the functions of the office. Grounds for quo
      warranto might be corruption in office, willful failure to perform
      statutory duties, or not having the qualifications prescribed by
      statute for an office.

      To test the legality of an annexation by a municipality. The party
      challenging the annexation has the burden of proving it is illegal.

      To forfeit the charter of a business corporation for such things as
      criminal violations, conducting business in an unlawful manner,
      fraudulently issuing stock, etc.

      To terminate the franchise of a utility company.
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      In the United States the right to a public office is tried by quo
      warranto or similar procedure, regulated by the state laws.
      Proceedings by quo warranto lie in a United States court for the
      removal of persons holding office contrary to art. 14 S. 3 of the
      Amendments to the Constitution (act of the 31st of May 1870)
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      Here's a link to selection of cases from a number of States showing
      the ways this Writ is used and what requirements must be met -
      http://www.constitution.org/uslaw/q-w_cases.htm
      Below is an example of a private citizen, Pro Se(he uses alternative
      term for those representing themselves - 'in persona propria')  using
      the QUO WARRANTO action in Federal Court -
      http://www.supremelaw.org/cc/aol/quowarranto.htm
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