Forms of Action - Part D Flashcards
what is the purpose of a sale, lease, etc. of land of a person under a disability (“PUD”)?
since they technically don’t have the capacity to make binding conveyance or encumbrance of their property, court intervention is necessary in order to make the transaction binding; an equitable proceeding
where does a pud action happen?
only in cc upon motion of a party
what is the threshold issue in a pud action?
whether the interest of the pud would be promoted by approval of the sale, encumbrance, or lease of the land
when is an expedited procedure available for a pud’s land?
available to sell the land to provide payment of debts or maintenance of the pud or his family
what is a “writ of mandamus”
extraordinary remedy to compel a public official to perform a purely ministerial duty imposed to him by law
what is a ministerial act?
person performs without exercising any discretion (mandamus does not work to compel a discretionary act)
what is a “writ of prohibition”?
used to seek an order prohibiting a pubic official from exceeding his authority
how are both mandamus and prohibition proceedings initiated?
by filing a petition under oath
who has the authority to grant mandamus and prohibition?
cc and appellate courts
what is “quo warranto”?
used to litigate the question of whether the defendant has title to or hold public office
who has jurisdiction of quo warranto?
only cc. granting the writ is discretionary with the cc
who is quo warranto initiated by?
the attorney general, any commonwealth’s attorney, or any interested person
what is the venue for quo warranto?
preferred in the city or county where any of the defendants reside?
