A writ of mandamus is a court order issued by a judge at a petitioner's request compelling someone to execute a duty he is legally obligated to complete it can also be issued when the authority. The legal definition of mandamus is a writ which commands an individual, organization (eg government), administrative tribunal or court to perform a certain action, usually to correct a prior illegal action or a failure to act in the first place.
Writ of mandate (mandamus) n a court order to a government agency, including another court, to follow the law by correcting its prior actions or ceasing illegal acts. A writ of mandamus is the name of one of the prerogative writs in the common law, and is issued by a superior court (apellate court) to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly. In england and wales, mandamus was originally known as a writ of mandamus and more recently as an order of mandamus this procedure was renamed by the civil procedure (modification of supreme court act 1981) order 2004 to become a mandatory order. Mandamus (man-dame-us) n latin for we order, a writ (more modernly called a writ of mandate) which orders a public agency or governmental body to perform an act required by law when it has neglected or refused to do so.
A writ of mandamus is an uncommon but important part of the american legal system a judge in a higher court will consider a petition for a writ of mandamus in a legal situation in which a lower. Mandamus - an extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official's.
(a) mandamus or prohibition to a court: petition, filing, service, and docketing (1) a party petitioning for a writ of mandamus or prohibition directed to a court must file a petition with the circuit clerk with proof of service on all parties to the proceeding in the trial court. A writ of mandamus is a drastic remedy, one to be invoked in only extraordinary circumstances in re: quigley , 1 vetapp 1 (1990) (quoting from in the matter of the fee agreement of smith , 4 vetapp 487, 500 (1993). Mandamus is an extraordinary remedy, which should only be used in exceptional circumstances of peculiar emergency or public importance labuy v. Mandamus, (latin: we command) originally a formal writ issued by the english crown commanding an official to perform a specific act within the duty of his office it later became a judicial writ issued from the court of queen's bench , in the name of the sovereign , at the request of an individual suitor whose interests were alleged to be. A writ of mandamus is a court order instructing an inferior court, a corporation or a person to perform some duty specified in the order for an example of a writ of mandamus by an appeals court.
Mandamus [latin, we comand]a writ or order that is issued from a court of superior jurisdiction that commands an inferior tribunal, corporation, municipal corporation, or individual to perform, or refrain from performing, a particular act, the performance or omission of which is required by law as an obligation. A writ of mandamus is a court order that mandates a lower court, government official, public body, corporation, or individual to fulfill their official duties or correct an abuse of discretion. Petition for a writ of mandamus and prohibition, or a writ of certiorari marc rotenberg counsel of record alan butler david jacobs david brody electronic privacy.
A writ of mandamus is an order by a court to a lesser government official to perform an act required by law, which he has refused or neglected to do. A judgment in a special proceeding is the final determination of the rights of the parties therein the definitions of a motion and an order in a civil action are applicable to similar acts in a special proceeding. Issue the writ because, without mandamus, this fundamentally erroneous ruling will evade appellate review, irreparably harm plaintiffs, absent class members, and 9.
Noun 1 writ of mandamus - an extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official's discretion used only when all other judicial remedies fail. Mandamus definition, a writ from a superior court to an inferior court or to an officer, corporation, etc, commanding that a specified thing be done see more.
Judge did not respond to alternative writ of mandamus previously issued, leading to issuance of peremptory writ state ex rel hughes v celeste (1993), 67 ohio st 3d 429 -- where the effect of the response to a peremptory writ of mandamus in effect determines the action, the grant of the peremptory writ must be appealed within thirty days. A writ of mandamus will issue only to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no other adequate remedy by law appellate courts may not issue mandamus relief when the law provides another plain, adequate, and complete remedy. The writ of mandate (sometimes called the writ of mandamus) is perhaps the most common type of civil writ in california it has two basic functions: it can be issued to correct an abuse of discretion by a court, an administrative body, or a person or it can be issued to compel a court, an administrative body, or a.