From Black’s Law Dictionary 2nd edition online.
“In old English practice. A writ, in the nature of a writ of right for the king, against him who claimed or usurped any office, franchise, or liberty; to inquire by what authority he supported his claim, in order to determine the right It lay also in case of non-user, or long neglect of a franchise, or misuser or abuse of it; being a writ commanding the defendant to show by what warrant he exercises such a franchise, having never had any grant of it or having forfeited it by neglect or abuse. 3 Bl. Comm. 262. In England, and quite generally throughout the United States, this writ has given place to an “Information in the nature of a quo warranto,” which, though in form a criminal proceeding, is in effect a civil remedy similar to the old writ, and is the method now usually employed for trying the title to a corporate or other franchise, or to a public or corporate office.”
#QuoWarranto #LexMercatoria
and the Latin equivalent without a prerogative writ:
Onus probandi incumbit ei qui dicit, non ei qui negat
“The burden of proof (Latin: onus probandi, shortened from Onus probandi incumbit ei qui dicit, non ei qui negat) is the obligation on a party in a dispute to provide sufficient warrant for its position.”
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