Define: Mandamus

Mandamus
Mandamus
Quick Summary of Mandamus

Mandamus is a legal remedy that compels a public official, governmental body, or lower court to perform a duty that is required by law. It is a writ issued by a higher court, typically an appellate court, ordering the lower court or government official to take a specific action or to correct an abuse of discretion or failure to act. Mandamus is used to enforce legal rights and ensure compliance with the law when other remedies are inadequate. It is an extraordinary remedy and is typically granted only when there is a clear legal right, a clear legal duty, and no other adequate remedy available. Mandamus is often sought in cases involving government transparency, accountability, or violations of legal rights.

What is the dictionary definition of Mandamus?
Dictionary Definition of Mandamus

A common law prerogative writ that compels a court or government officer to perform mandatory or purely ministerial duties correctly.

(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. Examples: After petitions were filed with sufficient valid signatures to qualify a proposition for the ballot, the city refuses to call the election, claiming it has a legal opinion that the proposal is unconstitutional. The backers of the proposition file a petition for a writ ordering the city to hold the election. The court will order a hearing on the writ and afterwards either issue the writ or deny the petition. Or a state agency refuses to release public information, a school district charges fees to a student in violation of state law, or a judge will not permit reporters entry at a public trial. All of these can be subject of petitions for a writ of mandamus.

Full Definition Of Mandamus

Latin for “we command.” or “we order”.

A writ of mandamus is a court order that requires another court, government official, public body, corporation or individual to perform a certain act. For example, after a hearing, a court might issue a writ of mandamus forcing a public school to admit certain students on the grounds that the school illegally discriminated against them when it denied them admission.

A writ of mandamus is the opposite of an order to cease and desist, or stop doing something. Also called a “writ of mandate.

Mandamus FAQ'S

Mandamus is a legal writ or order issued by a court compelling a public official, government agency, or lower court to perform a specific act that is required by law or to correct an abuse of discretion.

Mandamus is typically used when there is a clear legal duty owed by a public official or government agency, and they have failed or refused to perform that duty. It is a remedy sought when no other adequate legal remedy is available.

Mandamus can compel actions such as enforcing statutory duties, making decisions required by law, issuing permits or licenses, holding hearings, providing access to public records, or performing ministerial acts.

Mandamus relief can be sought by individuals, entities, or organisations that have a legal right to the performance of a specific act by a public official or government agency. They must demonstrate a clear legal duty owed to them that has not been fulfilled.

To obtain a writ of mandamus, the petitioner typically must show that they have a clear legal right to the relief sought, that the respondent has a corresponding legal duty to perform the act, and that there is no other adequate legal remedy available.

Mandamus generally cannot be used to review discretionary acts or decisions of public officials or government agencies. It is typically reserved for compelling the performance of ministerial duties or acts required by law.

procedure for seeking mandamus relief?

The procedure for seeking mandamus relief varies by jurisdiction but generally involves filing a petition or motion with the appropriate court, providing supporting legal arguments and evidence, and serving notice on the respondent.

Mandamus orders can be subject to appeal if either party disagrees with the court’s decision. However, appellate courts typically give deference to the trial court’s decision and will only overturn it if there was a clear error of law or abuse of discretion.

Yes, there are limitations to the use of mandamus, including the requirement that the petitioner must have a clear legal right to the relief sought, the respondent must have a corresponding legal duty, and there must be no other adequate legal remedy available.

Mandamus is a specific type of legal remedy used to compel the performance of a specific act or duty required by law. Injunctions, on the other hand, are orders issued by a court to prohibit certain actions or require specific conduct, and they may be available in broader circumstances.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

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