mandamus

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Related to writ of mandamus: Judiciary Act of 1789, Writ of quo warranto

mandamus

In the nature of an appeal, mandamus is a command from a court ordering a government authority, or a lower court official, to do some act that is within their power to do and they are supposed to do without exercising any discretion. One would appeal a decision to deny a building permit for construction with minor or inconsequential variances from code requirements. However,
one would seek mandamus if the permitting office acknowledged that all requirements had been met, but still refused to issue the permit. The decision of proper remedy—mandamus or appeal—is highly technical,and the wrong choice could result in the loss of all rights to reverse a decision.

References in periodicals archive ?
Marshall had to establish that the act was "ministerial" because the writ of mandamus issued only upon the failure to perform such a kind of act.
The court analyzed "three demanding requirements" that had to be met before a writ of mandamus is issued.
Consequently, they failed to show that they were entitled to the writ of mandamus they sought.
82) When the states and utilities returned to the court to ask for a writ of mandamus to force the DOE to comply with Indiana Michigan and begin accepting spent nuclear fuel by the 1998 deadline, the court granted it, at least so far as it precluded the DOE from excusing itself from its obligations under the Standard Contract on the grounds that an unavoidable delay had prevented it from establishing a permanent repository or an interim storage program.
including the writ of mandamus, that could be viewed as operating in aid
Bua once again provides an example where a petition of a writ of mandamus was joined with a direct appeal from an order adjudging a party to be in contempt.
Circuit's writ of mandamus was void and allowing the DOE for the first time to invoke the Unavoidable Delays defense.
The court did not believe Unified's attorney accurately presented a writ of mandamus.
Low's appeal to the Eighth Circuit was in the form of an application for a writ of mandamus.
The hospital petitioned the Supreme Court of Alabama for a writ of mandamus directing the trial court to vacate its order.
Becka, (105) a South Carolina Supreme Court case which held that in South Carolina constitutional rights may be enforced via a writ of mandamus.