common-law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prec ...

jurisprudence Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...

, ''procedendo'' is one of the

prerogative writ "Prerogative writ" is a historical term for a writ (official order) that directs the behavior of another arm of government, such as an agency, official, or other court. It was originally available only to the Crown under English law, and reflecte ...

s. It is a

writ In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrant (legal), Warrants, prerogative writs, subpoenas, and ''certiorari'' are commo ...

that sends a case from an appellate court to a lower court with an order to proceed to judgment. {{quote, The writ of procedendo is merely an order from a court of superior jurisdiction to one of inferior jurisdiction to proceed to judgment. It does not in any case attempt to control the inferior court as to what that judgment should be. The writ of ''procedendo ad judicium'' was the earliest remedy for the refusal or neglect of justice on the part of the courts. It was an original writ, issuing out of chancery to the judges of any subordinate court, commanding them in the king's name to proceed to judgment, but without specifying any particular judgment. In case of disobedience or of neglect on the part of the judges to whom it was addressed, or refusal by them to act, they were liable to punishment for contempt. Inherently, the most important limitation on this jurisdiction is that the

writ of mandamus A writ of (; ) is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, o ...

is not a proper remedy to control or direct the decisions of inferior courts in matters wherein they have judicial cognizance and discretion. In other words, so far as the writ affects the action of inferior courts, its use is not to be extended to compel the rendition of a particular judgment, in accordance with the views of a higher court.''In re Press Printers & Publishers, Inc.'', 12 F.2d 660, 664 (3d Cir. 1926) It corresponds to ''

certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the recor ...

'', except that ''certiorari'' is a higher court's order to a lower court to send the record of a case to it for appellate review. In Canada, the writ of ''certiorari'' is a discretionary remedy sought in a superior court to quash the decision of the lower court. It is distinct from an appeal in that it, in general, is used to correct an error in jurisdiction rather than a legal error which could be corrected on appeal. In the Federal Court System in the United States, this process is now known as remand.

References

Prerogative writs