mandamus


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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 ?
39) And he alluded to a distinction between "discretionary" and "ministerial" acts for purposes of issuing the legal relief that Marbury requested--a writ of mandamus.
Glisson to the cases if he were starting with a fresh slate without being bound by the strictures of the quo warranto or mandamus process.
If the Court of Civil Appeals declines to certify, then the only method by which we can enforce the jurisdiction of this court to decide the point is to compel the performance of that duty by the writ of mandamus.
Mandamus is a drastic and extraordinary writ that will be issued only when, among other things, the petitioner has no other adequate remedy.
The court held, inter alia, that mandamus issues only when the mandamus record establishes I) a clear abuse of discretion or the violation of a duty imposed by law, and 20 the absence of a clear and adequate remedy, at law.
COURT'S OPINION: The Supreme Court of Alabama denied the nurses' petition for a writ of mandamus.
BSDL appealed the stay order or, if the order is not yet final, asks the appellate court to treat it as a petition for a writ of mandamus.
Parts III and IV then discuss how the government finally decided to mount a collateral attack against the writ of mandamus and why the Court of Federal Claims correctly found the writ to be void for want of jurisdiction.
It also seeks an order from the Court in the nature of a Writ of Mandamus directing the Commissioner General of Elections and the Returning Officer to accept the said nomination.
12) In August 2008, more than three years after the indictment, Hijazi filed a petition for a writ of mandamus in the Seventh Circuit Court of Appeals, requesting that the district court be directed to rule on the motion and dismiss the indictment.
decisions allowed review of remand orders by writ of mandamus, a tool of
Mandamus or supervisory orders by the supreme court under Supreme Court Rules 381 and 383.