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Mandamus
(; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to take a specific action on applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications. Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peremptory Writ Of Mandamus
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 default (law), defaults on, or fails to show sufficient cause in answer to, an alternative mandamus. It is one of the three types of a mandamus. A more exact definition of a peremptory writ of mandate is "a final order of a court to any governmental body, government official or a lower court to perform an act the court finds is an official duty required by law." Distinguishing from other kinds of mandamus A peremptory writ of mandate "is distinguished from an alternative writ of mandate (mandamus), which orders the governmental agency, court or officials to obey the order or show cause at a hearing why it should not." This may also be distinguished from a continuing mandamus, which asks for an officer or other authority to perform its tasks expeditiou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |