Forms of Action - Part D Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

what is the purpose of a sale, lease, etc. of land of a person under a disability (“PUD”)?

A

since they technically don’t have the capacity to make binding conveyance or encumbrance of their property, court intervention is necessary in order to make the transaction binding; an equitable proceeding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

where does a pud action happen?

A

only in cc upon motion of a party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what is the threshold issue in a pud action?

A

whether the interest of the pud would be promoted by approval of the sale, encumbrance, or lease of the land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

when is an expedited procedure available for a pud’s land?

A

available to sell the land to provide payment of debts or maintenance of the pud or his family

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what is a “writ of mandamus”

A

extraordinary remedy to compel a public official to perform a purely ministerial duty imposed to him by law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what is a ministerial act?

A

person performs without exercising any discretion (mandamus does not work to compel a discretionary act)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what is a “writ of prohibition”?

A

used to seek an order prohibiting a pubic official from exceeding his authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

how are both mandamus and prohibition proceedings initiated?

A

by filing a petition under oath

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

who has the authority to grant mandamus and prohibition?

A

cc and appellate courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what is “quo warranto”?

A

used to litigate the question of whether the defendant has title to or hold public office

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

who has jurisdiction of quo warranto?

A

only cc. granting the writ is discretionary with the cc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

who is quo warranto initiated by?

A

the attorney general, any commonwealth’s attorney, or any interested person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what is the venue for quo warranto?

A

preferred in the city or county where any of the defendants reside?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly