ULTRA VIRES vs PROCEDENDO: NOUN
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- A prerogative writ that sends a case from an appellate court to a lower court with an order to proceed to judgment.
- A writ by which the commission of the justice of the peace is revived, after having been suspended.
- In English practice, a writ issuing out of chancery in cases where the judges of subordinate courts delay giving judgment, commanding them to proceed to judgment.
- A writ by which a cause which has been removed on insufficient grounds from an inferior to a superior court by certiorari, or otherwise, is sent down again to the same court, to be proceeded in there.
- In law, a writ which formerly issued out of the English Court of Chancery in the exercise of its common-law jurisdiction, when judges of any subordinate court wrongfully delayed the parties, and would not give judgment either on the one side or on the other.
ULTRA VIRES vs PROCEDENDO: ADJECTIVE
- Beyond the legal power or authority of a person or official or body etc
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ULTRA VIRES vs PROCEDENDO: ADVERB
- Beyond the scope or in excess of legal power or authority
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ULTRA VIRES vs PROCEDENDO: OTHER WORD TYPES
- Beyond power; transcending authority; -- a phrase used frequently in relation to acts or enactments by corporations in excess of their chartered or statutory rights.
- Beyond one's power; specifically, beyond the legal or constitutional power of a person, court, or corporation.
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ULTRA VIRES vs PROCEDENDO: RELATED WORDS
- Null, Contravened, Justiciable, Mala fide, Nullity, Lawful, Prohibitory, Unlawful, Unenforceable, Inapplicable, Statutory, Unconstitutional, Contravention, Violative, Intra vires
- Court, Justiceable, Judicial, Unmagistrate, Elisor, Qualificator, Senior status, Injudicial, Judicial review, Abjudge, Inferior court, Oyer and terminer, Abjudicate, Dedimus, Subpoena ad testificandum
ULTRA VIRES vs PROCEDENDO: DESCRIBE WORDS
- Null, Contravened, Justiciable, Mala fide, Nullity, Lawful, Prohibitory, Unlawful, Unenforceable, Inapplicable, Statutory, Unconstitutional, Contravention, Violative, Intra vires
- Court, Justiceable, Judicial, Unmagistrate, Elisor, Qualificator, Senior status, Injudicial, Judicial review, Abjudge, Inferior court, Oyer and terminer, Abjudicate, Dedimus, Subpoena ad testificandum
ULTRA VIRES vs PROCEDENDO: SENTENCE EXAMPLES
- Remedios para evitar la responsabilidad ultra vires hereditatis.
- Circular being declared ultra vires, void and invalid.
- This became known as the ultra vires doctrine.
- Ultra vires unavailable to invalidate transfers of property.
- It is simply because we are ultra vires.
- And this was ultra vires the federal government.
- Ultra vires contract: A contract of a corporation which is ultra vires is void ab initio and of no legal effect.
- How can it be ultra vires if it has no vires to be ultra?
- All, including adjudicators, QCAT, BCC solicitors and counsel, real estate agent and employee heaped ultra vires incompetence upon ultra vires incompetence.
- Companies Act, Memorandurn Association, and Ultra vires the Articles act done contrary to in scope of ultra vires Act.
- Justices thereof may issue the writs of mandamus, procedendo, certiorari and such other writs, as may be necessary to enforce its jurisdiction.
- But we have consistently held that a writ of procedendo will issue when a court has unnecessarily delayed proceeding to judgment.
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- Texas Justice Court Training Center discourages the use of writs of procedendo.
ULTRA VIRES vs PROCEDENDO: QUESTIONS
- What have we learned from the second wave of ultra vires?
- Does the English doctrine of ultra vires apply to local authorities?
- How has the doctrine of ultra vires been modified in England?
- Can a third party rely on the theory of ultra vires?
- How can a company evade the doctrine of ultra vires?
- What are the advantages and disadvantages of ultra vires articles?
- Can Statute of limitation apply to ultra vires act?
- Was the ultra vires doctrine abolished in Australia?
- Are ultra vires acts performed by corporations legal?
- What is the meaning of intra vires and ultra vires?
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