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.
Among them were the availability of other remedies, such as a lawsuit; shortcomings on various legal procedures; and seeking a remedy that isn't allowed under a writ of mandamus. The county and Lewinter learned of the denial on Tuesday.
Gabriele cannot seek other forms of accommodation, such as voice-recognition computer software or other technological accessories," Senn and Kiley wrote in their amended petition for writ of mandamus.
COURT'S OPINION: The Supreme Court of Alabama denied the nurses' petition for a writ of mandamus. The court held, inter alia, that contrary to the contention that the Dulins failed to use due diligence to ascertain the identity of specific defendants, and only referenced them by numbers until after the statute of limitations had run, the Dulins had, in fact, exercised due diligence.
In 1997, nuclear power plant operators asked for and received a writ of mandamus from the D.C.
decisions allowed review of remand orders by writ of mandamus, a tool of
If a defendant believes that the court has exceeded its judicial authority or that it has failed to exercise a judicial duty with regard to the defendant's motion, he may petition a superior court for a writ of mandamus. (23) The writ of mandamus is a remedy that is only used in extraordinary circumstances when there has been a judicial usurpation of power.
Citing cases in which power of a trial court to compel certain types of discovery was tested in mandamus proceedings, the court issued the writ, with the warning that "we wish to give no encouragement to the litigant who would have us review normal pretrial discovery procedure by original Mandamus." (24) Since the Bua decision, the supreme court has usually declined to issue the writ of mandamus but has occasionally granted essentially the same relief in exercising its supervisory power over lower courts.
Connolly approved a request by the Department of Revenue for a writ of mandamus, ordering Mr.
Their first lawsuit was a writ of mandamus, a difficult legal approach.
Becka, (105) a South Carolina Supreme Court case which held that in South Carolina constitutional rights may be enforced via a writ of mandamus. (106) The Cooper court noted that: