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A writ of mandamus (/ m æ n ˈ d eɪ m ə s /; lit. ' 'we command' ') is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing.
A peremptory writ of mandamus (also peremptory writ of mandate or simply peremptory mandamus) is an absolute and unqualified writ (a formal written command) to the defendant to do the act in question. It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative mandamus.
An alternative writ and order to show cause are identical in effect, but semantically slightly different; an alternative writ directs the trial court either to comply with its terms or show cause why it should not be ordered to do so, while an order to show cause only directs the trial court to show cause why the relief should not be granted.
Mandamus, "an high prerogative writ of a most extensive remedial nature, and may be issued in some cases where the injured party has also another more tedious mode of redress". 3 Bl Com 100. [ 14 ] Manucaptio , a writ that lies for a man, who, being taken on suspicion of felony , and offering sufficient bail, cannot be admitted thereto by the ...
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. This writ is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction. Writs of prohibition can be subdivided into "alternative writs" and "peremptory writs".
A writ of mandamus (/ m æ n ˈ d eɪ m ə s /; lit. ' 'we command' ') is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing.
Donald Trump has appealed his $454 million New York civil fraud judgment, challenging a judge’s finding that he lied about his wealth as he grew the real estate empire that launched him to ...
A writ of mandamus (Latin for "we command") is appropriate to compel surrender of documents in the possession of attorneys or other persons that have been illegally obtained under the abuse of a writ of attachment. [10] Mandamus can vacate an order to produce books and papers. [11] In an 1893 case, the United States Attorney for Alabama refused ...