mandamus

(redirected from Writ of mandate)
Also found in: Dictionary, Thesaurus, Legal, Financial.
Related to Writ of mandate: Peremptory writ of mandate

mandamus

(măndā`məs) [Lat.,=we order], in law, writwrit,
in law, written order issued in the name of the sovereign or the state in connection with a judicial or an administrative proceeding. Usually the writ requires the person to whom the command is issued to report at a fixed time (the return day) with proof of compliance or a
..... Click the link for more information.
 directing the performance of ministerial acts. A ministerial act is one that a person or body is obliged by law to perform under given circumstances; e.g., on receipt of the fee, a license clerk must grant a marriage license to persons legally qualified to marry. If the law allows discretion in performance, the act is not ministerial; thus mandamus will not be issued if, pursuant to statute, a license to sell liquor is refused because of the applicant's immoral character. Mandamus may be used to compel the directors of a corporation to produce the books for inspection in the manner provided by law or to compel a lower court to accept a suit it has illegally refused. Mandamus is an extraordinary remedy; i.e., it will not be issued if the usual remedies, e.g., damagesdamages,
money award that the judgment of a court requires the defendant in a suit to pay to the plaintiff as compensation for the loss or injury inflicted. Damages are the form of legal redress most commonly sought.
..... Click the link for more information.
 for the breach of duty, are adequate. Mandamus, originally granted at the will of the English king, is now available from ordinary courts in Great Britain and the United States. In the famous case of Marbury v. MadisonMarbury v. Madison,
case decided in 1803 by the U.S. Supreme Court. William Marbury had been commissioned justice of the peace in the District of Columbia by President John Adams in the "midnight appointments" at the very end of his administration.
..... Click the link for more information.
 the Supreme Court was asked to issue a writ of mandamus against Secretary of State James Madison. See injunctioninjunction,
in law, order of a court directing a party to perform a certain act or to refrain from an act or acts. The injunction, which developed as the main remedy in equity, is used especially where money damages would not satisfy a plaintiff's claim, or to protect personal
..... Click the link for more information.
.
Mentioned in ?
References in periodicals archive ?
In addition to requesting the advisory be withdrawn, CGA requested the Court immediately issue an alternative writ of mandate that stays the effectiveness of the advisory pending a final ruling by the Court.
Through it, AHF sought a writ of mandate, "Ocompelling the Los Angeles County Department of Public Health to discharge its ministerial and non-discretionary statutory duty to combat an acknowledged epidemic of sexually transmitted diseases stemming from production of hardcore pornography in Los Angeles County.
Ready Golf seeks by virtue of this lawsuit a writ of mandate requiring the City Council to award it the contract since it prevailed throughout the RFP process.
According to California law, any person may institute proceedings for injunctive or declaratory relief or writ of mandate in any court of competent jurisdiction to enforce their right to inspect or to receive a copy of any public record.
Denying the writ of mandate, the court ruled that, despite an 85-year history of oil field drilling in the Baldwin Hills area, the energy company does not have an "absolute right to drill" and the City "remains free to condition or even refuse to grant new drilling permits.
BS121665), in July 2009, sought a Writ of Mandate "compelling the Los Angeles County Department of Public Health to discharge its ministerial and non-discretionary statutory duty to combat an acknowledged epidemic of sexually transmitted diseases stemming from production of hardcore pornography in Los Angeles County.
Hotel Employees & Restaurant Employees Local 11 filed the petition for writ of mandate Wednesday in Superior Court.
BS121665), Thursday, July 16th and sought a Writ of Mandate "compelling the Los Angeles County Department of Public Health to discharge its ministerial and non-discretionary statutory duty to combat an acknowledged epidemic of sexually transmitted diseases stemming from production of hardcore pornography in Los Angeles County.
In a petition for a writ of mandate, the groups are asking the Los Angeles County Superior Court to stop the college's plan to destroy an oak woodland to build a parking lot.
In response to AIDS Healthcare Foundation's (AHF) legal petition for a writ of mandate to compel Los Angeles County's Department of Public Health to fight the spread of sexually transmitted diseases in the porn industry, County attorneys have filed an eye-popping demurrer that shows the County's complete disregard for young people working as performers in the $13 billion porn industry as well as revealing a strikingly blase attitude by County officials toward potential County-wide general public health ramifications of serious infectious diseases, including transmission of several debilitating sexually transmitted diseases, including HIV.
Project opponents filed an earlier petition for a writ of mandate asking the court to set aside the city's approvals for the project.
BS121665) today, Thursday, July 16th and seeks a Writ of Mandate "compelling the Los Angeles County Department of Public Health to discharge its ministerial and non-discretionary statutory duty to combat an acknowledged epidemic of sexually transmitted diseases stemming from production of hardcore pornography in Los Angeles County.