Users' questions

What does mandamus relief mean?

What does mandamus relief mean?

Overview. A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. (See, e.g. Cheney v. United States Dist.

What are examples of mandamus?

Writ of Mandamus Examples A judge presiding over a case in which he or she has a conflict of interest and is refusing to recuse him/herself from the case; recuse means to take him/herself off the case and assign the case to another judge.

What does the writ of mandamus means?

: a writ issued by a superior court commanding the performance of a specified official act or duty.

What is the mandamus rule?

A mandamus is normally issued when an officer or an authority by compulsion of statute is required to perform a duty and that duty, despite demand in writing, has not been performed. In no other case will a writ of mandamus issue unless it be to quash an illegal order.

When to use a writ of mandamus in court?

A judge in a higher court will consider a petition for a writ of mandamus in a legal situation in which a lower court is in error and an appeal is not available. A writ of mandamus may also be used to order a government official to comply with the law if he/she has failed to do so and all other legal approaches have been attempted.

How is the remedy of mandamus made available?

The remedy of mandamus is made available through court opinions, statutes, and court rules on both the federal and state levels. On the federal level, for example, 28 U.S.C.A. § 1651 (a) provides that courts “may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.”

Which is the best definition of a mandamus petition?

Mandamus. 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.

Which is the best definition of an alternative mandamus?

Alternative mandamus: A mandamus issued upon the first application for relief, commanding the defendant either to perform the act demanded or to appear before the court at a specified time to show cause for not performing it. Peremptory mandamus: An absolute and unqualified command to the defendant to do the act in question.