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Home » Law Dictionary » P » PETITION

PETITION

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

(A) A formal request made upon the court asking for it to resolve a certain matter and issuing a ruling or an order, for example, a petition of the court to remove an executor of a will on grounds of potential fraudulent dealing. (B) An instrument of writing or printing containing a prayer from the person presenting it, called the petitioner, to the body or person to whom it is presented, for the redress of some wrong, or the grant of some favor, which the latter has the right to give. 2. By the constitution of the United States the right to petition the government for a redress of grievances, is secured to the people. Amendm. Art. 1. 3. Petitions are frequently presented to the courts in order to bring some matters before them. It is a general rule, in such cases, that an affidavit should be made that the facts therein contained are true as far as known to the petitioner, and that those facts which he states as knowing from others be believes to be true.

Law Dictionary – Alternative Legal Definition

A written address, embodying an application or prayer from the person or persons preferring it, to the power, body, or person to whom it is presented, for the exercise of his or their authority in the redress of some wrong, or the grant of some favor, privilege, or license. In practice. An application made to a court ex parte, or where there are no parties in opposition, praying for the exercise of the judicial powers of the court in relation, to some matter which is not the subject for a suit or action, or for authority to do some act which requires the sanction of the court; as for the appointment of a guardian, for leave to sell trust property, etc. The word “petition” is generally used in judicial proceedings to describe an application in writing, in contradistinction to a motion, which may be viva voce. Bergen v. Jones, 4 Mete. (Mass.) 371. In the practice of some of the states, the word “petition” is adopted as the name of that initiatory pleading in an action which is elsewhere called a “declaration” or “complaint.” See Code Qa. 1882,

Related Posts:

  • PETITIONER
  • BILL
  • APPLY
  • PETITION OF RIGHT
  • REMONSTRANCE
  • MANDAMUS

Filed Under: P

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