mandamus

(redirected from writ of mandamus)
Also found in: Dictionary, Thesaurus, Legal, Acronyms, Encyclopedia, Wikipedia.
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.
Marbury v. Madison and the concept of judicial deference
The court analyzed "three demanding requirements" that had to be met before a writ of mandamus is issued.
Second Circuit denies interlocutory appeal of discovery sanctions requiring foreign defendant to violate bank secrecy laws
Consequently, they failed to show that they were entitled to the writ of mandamus they sought.
RNs named by fictitious numbers sued: complaint amended after IDs known
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.
Where to put it all? Opening the judicial road for a long-term solution to the nation's nuclear waste problem
including the writ of mandamus, that could be viewed as operating in aid
Collateral review of remand orders: reasserting the supervisory role of the Supreme Court
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.
Appeal of pretrial discovery orders in Illinois
Circuit's writ of mandamus was void and allowing the DOE for the first time to invoke the Unavoidable Delays defense.
The decline of the Court of Federal Claims in Nebraska Public Power District v. United States, 590 F.3d 1357 (Fed. Cir. 2010)
The court did not believe Unified's attorney accurately presented a writ of mandamus.
Pennsylvania hunters win first round in court
Low's appeal to the Eighth Circuit was in the form of an application for a writ of mandamus.
Constitutional law and criminal procedure
Generally, a writ of mandamus is available if the trial courtviolates a duty imposed by law or clearly abuses its discretion in resolving factual or legal issues.
Kicking discovery orders upstairs: you may not have to wait until the end of your case to raise discovery issues on appeal. Special writs and other remedies can get harmful or onerous discovery orders before an appellate court - before they cause irreparable harm to your case
The hospital petitioned the Supreme Court of Alabama for a writ of mandamus directing the trial court to vacate its order.
Did hospital misrepresent what was done with fetus?
Becka, (105) a South Carolina Supreme Court case which held that in South Carolina constitutional rights may be enforced via a writ of mandamus.
Is the office closed? The role of the office of victims' rights after Cooper v. District Court
Financial browser ?
Full browser ?