What term refers to a judicial writ requiring a defendant to appear in court and prove why an existing judgment should not be executed against him or her?

• A. Scire facias
• B. Writ of Habeas Corpus
• C. Mandamus
• D. Injunction

Answer: (A)

The main idea is a writ that brings the defendant into court to explain why a judgment should not be carried out. Scire facias is the classic writ for this situation: it compels the party to appear and show cause why the existing judgment should not be executed, often to revive or extend enforcement of the judgment. If the defendant can’t justify delaying or blocking execution, the judgment can proceed or be revived.

Writ of habeas corpus focuses on challenging the legality of detention, not on enforcing judgments. Mandamus is a command to a public official to perform a duty, rather than a procedure to challenge a judgment. An injunction is a court order that stops or requires certain actions, but it does not involve a show-cause proceeding aimed at the enforcement of a judgment.