This is a package of research that took me two weeks in the law library to put together. As the result of many judges, police officers and DA's having been found to have failed to file their bonds and oaths, Quo Warranto is a legal proceeding that asks "by what right?" are you holding the office you claim to have.
It is a fairly simple court procedure that anyone can do. This package contains a sample complaint, sample motions, and 38 cases from multiple jurisdictions plus notes and quotes from 32 more. Once you file the petition, the burden shifts to the respondent to show by what right. If the official cannot show that they have filed an oath or posted a bond the court simply ousts them from their position. There have been fairly recent court decisions saying that if you challenge the right of your prosecutor to hold office in the midst of your criminal trial you have a right have that issue determined prior to proceeding.
This product was added to our catalog on Sunday 20 January, 2008.