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In California, interlocutory appeals are usually sought by filing a petition for writ of mandate with the Court of Appeal. If granted, the writ directs the appropriate superior court to vacate a particular order. Writs of mandate are a discretionary remedy; over 90% of such petitions are denied due to the state's public policy of encouraging ...
The term interim order refers to an order issued by a court during the pendency of the litigation.It is generally issued by the Court to ensure Status quo.The rationale for such orders to be issued by the Courts is best explained by the Latin legal maxim "Actus curiae neminem gravabit" which, translated to English, stands for "an act of the court shall prejudice no one".
The Commonwealth Court also functions as a trial court in some civil actions by or against the Commonwealth government and cases regarding statewide elections. (42 Pa.C.S. §§ 761–764). Article V, section 4 of the 1968 Pennsylvania Constitution created the Commonwealth Court. Acts enacted in 1970 set up the court.
In some jurisdictions, a petition for review is a formal request for an appellate tribunal to review the decision of a lower court or administrative body. [1] If a jurisdiction utilizes petitions for review, then parties seeking appellate review of their case may submit a formal petition for review to an appropriate court. [ 2 ]
The Commonwealth Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts. The jurisdiction of the nine-judge Commonwealth Court is limited to appeals from final orders of certain state agencies and certain designated cases from the courts of common pleas involving public sector legal questions and government regulation.
A "writ of prohibition", in the United States, is a court order rendered by a higher court to a judge presiding over a suit in an inferior court. The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall within that inferior court's jurisdiction. The document is also issued at times when it is ...
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.
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.