Welcome to You Ask Andy

Danny Masterson, age 17, of St. Augustine, Fla., for his question:

CAN YOU EXPLAIN QUO WARRANTO?

Quo warranto, which means "by what warrant" in Latin, is a term used in law in the United States and Great Britain. It is the title of a special proceeding by which the state or an aggrieved individual begins an action to inquire into the right of an individual or corporation to hold a particular office or franchise.

Examples of cases in which quo warranto proceedings are used are the usurpation of a public office by an individual not properly elected, the assumption of unlawful powers by officers of private corporations and an inquiry into the right of a public service organization to have a specific franchise.

The right of a foreign corporation to do business in a state can also be questioned by a quo warranto proceeding.

In most states such proceedings are brought in the name of the attorney general of the state, either in his or her official capacity or in his or her name as a private individual.

These proceedings may be brought only in the highest courts of original jurisdiction and are generally triable by jury.

 

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