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Quo Warranto

Latin: legal procedure taken to stop a person or organization from doing something for which it may not have the legal authority, by demanding to know by what right they exercise the controversial authority.

Latin: by what authority?

A challenge to a person allegedly improperly asserting a right to hold a public office.

The writ seeks to disenfranchise on the record a person or organization from doing something for which it may not have the legal authority, by demanding to know by what right they exercise the controversial authority.

Challenging a person's right to hold a public office.

As with the related remedies of mandamus, certiorari and prohibition, these remedies have been displaced by many jurisdictions and replaced by more generic-named tools such as injunctions or judicial review.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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