Inhoudsopgave
What is the meaning of mandamus?
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.
When do you need 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.”
Can a mandamus be used to substitute for a judgment?
Accessed 8 Sep. 2021. Note: Mandamus is an extraordinary remedy and is issued usually only to command the performance of a ministerial act. It cannot be used to substitute the court’s judgment for the defendant’s in the performance of a discretionary act.
What are the legal requirements for a writ of mandamus?
Legal Requirements for a Petition for Writ of Mandamus. A person requesting a writ of mandamus must be able to show the court that he has a legal right to force the government agency or public servant to perform the specified action, or to refrain from doing a specified act.
What is an alternative mandamus order?
Alternative Mandamus – an order often issued when an application for writ of mandamus has been made. The alternative mandamus allows the defendant to either perform the action demanded, or appear before the court to give good reason for not performing it.