6 September 2020
I so love the British Isles, we have thought of everything to uphold remedy…
“For example, it might be used to challenge the Unauthorised Practice of a profession, such as law or medicine.”
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Related to Writ of quo warranto: writ of certiorari, writ of habeas corpus
A legal proceeding during which an individual’s right to hold an office or governmental privilege is challenged.
In old English practice, the writ of quo warranto—an order issued by authority of the king—was one of the most ancient and important writs. It has not, however, been used for centuries, [incorrect claim] since the procedure and effect of the judgment were so impractical.
Currently the former procedure has been replaced by an information in the nature of a quo warranto, an extraordinary remedy by which a prosecuting attorney, who represents the public at large, challenges someone who has usurped a public office or someone who, through abuse or neglect, has forfeited an office to which she was entitled. In spite of the fact that the remedy of quo warranto is pursued by a prosecuting attorney in a majority of jurisdictions, it is ordinarily regarded as a civil rather than criminal action. Quo warranto is often the only proper legal remedy; however, the legislature can enact legislation or provide other forms of relief.
Statutes describing quo warranto usually indicate where it is appropriate. Ordinarily it is proper to try the issue of whether a public office or authority is being abused. For example, it might be used to challenge the Unauthorised Practice of a profession, such as law or medicine. In such situations, the challenge is an assertion that the defendant is not qualified to hold the position she claims—a medical doctor, for example.
In some quo warranto proceedings, the issue is whether the defendant is entitled to hold the office he claims, or to exercise the authority he presumes to have from the government. In addition, proceedings have challenged the right to the position of county commissioner, treasurer, school board member, district attorney, judge, or tax commissioner. In certain jurisdictions, quo warranto is a proper proceeding to challenge individuals who are acting as officers or directors of business corporations.
A prosecuting attorney ordinarily commences quo warranto proceedings; however, a statute may authorise a private person to do so without the consent of the prosecutor. Unless otherwise provided by statute, a court permits the filing of an information in the nature of quo warranto after an exercise of sound discretion, since quo warranto is an extraordinary exercise of power and is not to be invoked lightly. Quo warranto is not a right available merely because the appropriate legal documents are filed. Valid reason must be indicated to justify governmental interference with the individual holding the challenged office, privilege, or license.
West’s Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
(kwoh wahr-rahn-toe) n. the name for a writ (order) used to challenge another’s right to either public or corporate office or challenge the legality of a corporation to its charter (articles.) (See: writ, corporation)
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
quo warranto ‘by what authority’, the name of an obsolete writ issued by the King’s Bench to demand to know the authority by which a person held a public office.
Collins Dictionary of Law © W. J. Stewart, 2006
QUO WARRANTO, remedies. By what authority or warrant. The name of a writ issued in the name of a government against any person or corporation that usurps any franchise or office, commanding the sheriff of the county to summon the defendant to be and appear before the court whence the writ issued, at a time and place therein named, to show “quo warranto” he claims the franchise or office mentioned in the writ. Old Nat. Br. 149; 5 Wheat. 291; 15 Mass. 125; 5 Ham. 358; 1 Miss. 115.
2. This writ has become obsolete, having given way to informations in the nature of a quo warranto at the common law; Ang. on Corp. 469; it is authorised in Pennsylvania by legislative sanction. Act 14 June, 1836. Vide 1 Vern. 156; Yelv. 190; 7 Com. Dig. 189; 17 Vin. Ab. 177.
3. An information in the nature of a quo warranto, although a criminal proceeding in form, in substance, is a civil one. 1 Serg. & Rawle, 382.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
“Yet very early on in the epidemic, rules surrounding death certification were changed — in ways that make the statistics unreliable. Guidance was issued which tends to reduce, rather than increase, referrals for autopsy.”
Dr.med Claus Köhnlein – Explains the Coronavirus :
German Doctor med. Claus Köhnlein from University of Kiel claims that PCR test used for detecting CORONAVIRUS COVID-19 is only ever 50% reliable and believes those that have tested positive for CORONAVIRUS half of them don’t have it.
He also comments on an article he read in very prestigious German Medical Journal The Lancet about a patient in their fifties that died not due to CORONAVIRUS but rather due to the medicated treatment or therapy given to him by Italian doctors. That is medication used to treat the patient was wrong and they killed him with those medicines and he believes that other doctors are using the same protocol which is most likely killing patients. The patient in question on addition had the following symptoms: coughing, shivering, elevated temperature, exhaustion, shortness of breath.
Medicated with high dose of Methylprednisolone, that is 600 mg high dose of cortisone, Moxifloxacin a very strong and wide spectrum antibiotic, Lopinavir and Ritonavir both used in treating AIDS, rather toxic substances and last by Interferon which is also immunosuppressant which lowered immune system of the patient and thus this killed him. In the interview he says this therapy was what killed the patient. When asked why they have done this, he says out of fear. They given him Cortisone because of shortness of breath, upon receiving cortisone he felt better and this is because inflammatory reaction has been slowed as cortisone lowers the number of lymphocytes but that is not the reaction we need.
The temperature is falling, the patient is temporary feeling better, can breath easier, but that can have deadly outcome as we have seen in thus case. When asked that is that methodology by which Italian doctors are treating patients there now, he says that he does not have access to medical notes in Italian hospitals but if it has been reported The Lancet he believes that they are still following this methodology. He goes on to say that this the actual danger that they are using this methodology and by doing so they are killing more people and the whole situation is exacerbated and looks more threatening. As far as legality is concerned, they are always covered. If they administer as per methodology and the patient dies afterwards, they have made no mistake, but if they do nothing and the patient dies afterwards then they have a problem. The politicians are in the same boat and that is why they overly react otherwise they would lose their positions very quickly if they did too little. If they are taking all the measures, as they do now are doing everything that needs to be done against the epidemic which did not even exist, that way they won’t lose their positions. So, Italy’s Minister for health Roberto Speranza, will become next Prime Minister.