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What is a Writ of Mandamus?

Updated: 8/19/2023
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Bjackson24

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16y ago

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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 compelling a lower court to hear a motion, see State ex rel. Ricco v. Biggs, Circuit Judge, 255 P.2d 1055 (1953 Ore.) One of the oldest United States cases dealing with a writ of mandamus is Marburry v. Madison, 5 U.S. 137 (1803), a case famous for establishing the power of judicial review.

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16y ago
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14y ago

A mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records. You file such a writ with the Clerk of The Court which has jurisdiction.

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11y ago

This will depend on the jurisdiction, but will usually involve filing a motion for writ of mandamus with the clerk of court for whatever court you are appealing for a writ of mandamus from.

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Related questions

What is the Success rate for Writ of Mandamus?

Depends on the case


Can a private individual request a writ of mandamus?

Absolutely.


What is a writ of inquiry?

A writ of mandamus is a writ which compels a government entity to perform mandatory or purely ministerial duties correctly.


When is a Writ of Mandamus applied?

Writ of Mandamus can be filed, as per our constitution under Article 32 in the Supreme Court, and under Article 226 in the High Courts of the States. All the writs known as the constitutional remedies can be filed under Article 32 and Article 226 of the constitution, if there is any violation of fundamental rights guaranteed under Part-III of the constitution. Writ of Mandamus is one remedial right. Writ of Mandamus literally means "We Command" According to the Writ of Mandamus can filed for the performance of the legal duty for which the person has a legal right. It is used for public purposes and to compel performance of public duties. Mandamus lies not only against executive authorities, but also against judicial and quasi-judicial authorities.


What is the Latin term for lawsuit to force government to obey law?

Writ of Mandamus.


A writ of mandamus required the mayor to publish the budget?

Possibly. A writ of mandamus is a judicial writ commanding a public official to do a ministerial act, or possibly even a discretionary act where the forbearance to act sought to be remedied is being done arbitrarily and capriciously.alsowritten order enforcing a public dutyA+


A court order directing an official to perform an official duty is called?

writ of mandamus


What is mean by mandamus?

DEFINITION FROM NOLO'S PLAIN-ENGLISH LAW DICTIONARY(man-dame-us) Latin for "we command." 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 (an injunction). Also called a "writ of mandate."


How do you use mandamus in a sentence?

The Court upheld the denial of the writ of mandamus made by the prison officials to allow the prisoners access to records of prison officials and other prisoners.


What is a petition for mandamus?

how do i get the free form and where in the city of milwaukee wi


How many writ in Indian constitution?

habeas corpus, mandamus, prohibition, quo warranto and certiorari


How do you file a Writ of Mandate against the California Department of Motor Vehicles?

A writ of mandate is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. It is also referred to as a writ of mandamus. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records. You can file such a Writ in any State Court.