Synonyms for mandamus or Related words with mandamus
Examples of "mandamus"
A peremptory writ of
(also peremptory writ of mandate or simply peremptory
) 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
. It is one of the three types of a
In England and Wales,
was originally known as a writ of
and more recently as an order of
. This procedure was renamed by the "Civil Procedure (Modification of Supreme Court Act 1981) Order 2004" to become a mandatory order.
" has been replaced in the United States district courts and many state trial courts by injunction. In the federal system, it is generally available only to the federal courts of appeals, which issue writs of
to lower courts and administrative hearing panels, while some state systems still allow trial courts to issue writs of "
" or "mandate" directly to government officials.
Choi appealed this decision to the US Court of Appeals for the District of Columbia Circuit, and petitioned for a writ of
prohibiting Judge Lamberth's writ of
. He terminated his attorneys and proceeded pro se.
On June 16, 2008 the United States Supreme Court declined to consider his
River is a river in the South Island of New Zealand.
, being a discretionary remedy, the application for that must be made in good faith and not for indirect purposes. Acquiescence cannot, however, bar the issue of
. The petitioner must, of course, satisfy the Court that he has the legal right to the performance of the legal duty as distinct from mere discretion of authority. A
is normally issued when an officer or an authority by compulsion of statute is required to perform a duty and that duty, despite demand in writing, has not been performed. In no other case will a writ of
issue unless it be to quash an illegal order.
In modern practice, the Court has effectively abolished the issuance of writs of
, although it theoretically retains the power to issue them. The authority of the United States district courts to issue
has been expressly abrogated by Rule 81(b) of the Federal Rules of Civil Procedure, but relief in the nature of
can be had by other remedies provided for in the Rules, where provided by statute, or by use of the District Court's equitable powers.
The "motion for leave to file a petition for "writ of
"" was denied without comment.
Under the Australian legal system,
is available through section 75(v) of the Australian Constitution.
Still in January, Martindale applied to the Supreme Court for
, and the court issued an alternative
(essentially, an order to show cause why peremptory
should not issue) on March 6, 1845, which was served March 25. On April 19, the deadline was extended to the first Tuesday in June. Before the Supreme Court, Martindale was joined by New York Attorney General John Van Buren and opposed by A. Taber and J. L. Brown.
The writ of
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.
can vacate an order to produce books and papers. However,
is not the proper remedy to quash a motion to compel a district attorney to relinquish books and records to his successor office holder.
In Virginia, the Supreme Court has "original jurisdiction" under the state constitution for
involving the Virginia courts.
In the McConnell suit, lawyers for the defendants filed a writ of
in July 2014 to prevent access to the records of Dr. Miller; the emergency stay was granted by the Texas Court of Appeals in August, but
was subsequently denied in September.
Represented by Texas RioGrande Legal Aid, mothers of the removed children sought to
Judge Walther for her rulings because parents in Texas cannot simply appeal an emergency removal. A
is available only when it is abundantly clear a state official abused his or her power.
is a writ of
issued to a lower authority by the higher authority in general public interest asking the officer or the authority to perform its task expeditiously for an unstipulated period of time for preventing miscarriage of justice.
Elsewhere, including the Courts of New York, have replaced "
" (as well as the other prerogative writs) with statutory procedures. In New York, this is known as an "Article 78" review after the civil procedure law provision that created the relevant procedure. In still other states, such as Illinois, the state court of last resort has original jurisdiction in
The Waite Court heard two criminal cases under the prerogative writ of
(habeas corpus is also a prerogative writ). In "Virginia v. Rives" (1879), the Court used
to order a criminal cases removed to federal court under the civil rights removal statute to be remanded back to state court, finding that the statute did not authorize federal jurisdiction because the bar on African-Americans serving on juries was not codified by statute or state constitution. In "Ex parte Wall" (1883), the Court denied a writ of
, finding that it was proper to remove an attorney who participated in a lynch mob from a case.
If a ministerial act is not performed, then a court may issue a writ of
to compel the public official to perform said act.
On 29 June 1688 Gower was appointed Lady Margaret's professor of divinity. In July 1693, twenty of the Fellows of his college being nonjurors, a peremptory
was issued against him requiring him to eject them. Gower defended his Fellows; he refused on the ground that the
should not have been made peremptory in the first instance. Steps were at once taken to indict him at the Cambridge assizes, but the grand jury threw out the bill. A
nisi issued in the following October, but, the names of the nonjuring fellows having been omitted, Gower again refused to eject them, alleging that it did not appear who they were, and the court of king's bench declined to make the
peremptory. The matter was then allowed to drop.
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