Mandamus

Mandamus

For other uses, see Mandamus (disambiguation).
Prerogative writs
  • Certiorari / Review
  • Habeas corpus
  • Mandamus / Mandate (peremptory)
  • Procedendo
  • Prohibito / Prohibition
  • Quo warranto
Philippines-specific
  • Amparo and Habeas Data

Mandamus is a judicial remedy which is in the form of an order from a superior 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, as the case may be, and which is in the nature of public duty and in certain cases 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 reject or authorize 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 aggrieved only when he is denied a legal right by someone who has a legal duty to do something and abstains from doing it.

Read more about Mandamus:  Legal Requirements, Purpose, Types

Other articles related to "mandamus":

Continuing Mandamus
... Continuing Mandamus is a writ of Mandamus issued to a lower authority by the higher authority in general public interest asking the officer or the ... The concept of Continuing Mandamus has been discussed and dealt with in the respective cases of Vineet Narain v ... the Supreme Court or the High Court respectively, the court can issue the writ of Mandamus in the interest of general public welfare ...
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 ... defaults on, or fails to show sufficient cause in answer to, an alternative mandamus ... It is one of the three types of a mandamus ...
Mandamus - In Various Countries - United States - State Courts
... In some state court systems, mandamus has evolved into a general procedure for discretionary appeals from non-final trial court decisions ... states, such as California, the writ is now called mandate instead of mandamus, and may be issued by any level of the state court system to any lower court or to any government ... In Virginia, the Supreme Court has "original jurisdiction" under the state constitution for mandamus involving the Virginia courts ...