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 ?
Circuit issued its writ of mandamus in Northern States, the January 31, 1998, deadline came and went and the federal government was officially in breach of its Standard Contract with nuclear power plant operators.
Circuit in Northern States, issuing a writ of mandamus ordering the government not to pursue any contractual defense to liability that would contradict the court's interpretation of the statute.
Finally, as described earlier in this article, the Supreme Court has specifically approved writ of mandamus proceedings as a means of obtaining review of a remand order outside the district court's statutory authority under 28 U.
Because the district court's failure to decide the case impedes this Court's appellate jurisdiction, because the delay in resolving this priority civil rights case is extreme, because no reason exists to believe an opinion will issue within another four years absent this Court's intervention, and because Petitioners lack any other remedy, a writ of mandamus should issue directing the district court to forthwith produce an appealable order with a sufficiently-elaborated opinion.
But because the National Guard requested a writ of mandamus, any challenge goes straight to the state Court of Appeals, he said.
Jack Ward Thomas, chief of the United States Forest Service ("USFS") in the United States District Court for the Northern District of California, seeking a writ of mandamus and declaratory relief in relation to its Gasquet Mountain mining claims.
Last month Cablevision filed a petition for a writ of mandamus in the U.
The case landed on Velure's lap after the Oregon Military Department filed for a writ of mandamus last month, seeking to force Lane County to issue a site review permit for the project.
It is now considering a writ of mandamus filed by the lawyers of the PMOI/MEK, requesting it to order the Secretary of State to abide by the Court's July 2010 judgment and remove the group from the FTO list.
Referring to the writ of mandamus submitted to the Court of Appeals for the District of Columbia by the MEK Counsel, Attorney General Michael Mukasey said, "The State Department can do all the conduct in foreign relations that it wants, but it can't put anybody on the list or keep anybody on the list unless they qualify.
VFF filed a petition seeking a writ of certiorari to quash Sumedh Saini's appointment and we have also sought a writ of mandamus directing an enquiry against the concerned persons who have withheld material records about the DGP," said Director for VFF (Asia), High Court advocate, Simranjit Singh, who filed the petition.