mandamus


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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
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 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.
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 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.
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 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
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References in periodicals archive ?
Commenting on the decision, NAB EVP/Communications Dennis Wharton says, "We're grateful that the court rejected the mandamus request and that meaningful reform of outdated broadcast ownership rules can go forward.
Had Marshall interpreted the statute in this manner--had he concluded, in other words, that the decision whether to deliver was in some sense discretionary--his own analysis indicated that mandamus should have been "rejected without hesitation.
She added: "If this case were before us on the merits to decide the constitutional question and we were thus not constrained by the narrow scope of mandamus relief, I would adopt the reasoning of Judge Padovano's dissent.
While in Florida there is complete dearth of caselaw on the use of mandamus to direct inferior courts to certify (or write an opinion allowing supreme court review of) 1) decisional conflicts; 2) issues of exceptional importance; and 3) issues of first impression, the Texas Supreme Court concluded long ago that mandamus is the proper remedy to compel certification of decisional conflicts.
In this case it was unnecessary to examine the alleged facts to determine whether the dispute is truly one of coverage or one of value because the petitioners have not established that they are entitled to mandamus relief.
Accordingly, the court granted TWIA's petition for a writ of mandamus and directed the trial court to grant TWIA's motion to compel appraisal.
Now that a writ of mandamus has been granted, we ask that you follow through on that commitment and focus the limited available NRC resources on completion of the safety evaluation reports (SER).
Among them were the availability of other remedies, such as a lawsuit; shortcomings on various legal procedures; and seeking a remedy that isn't allowed under a writ of mandamus.
The Drewses petitioned the Court ofAppeals of Texas for mandamus relief, requesting that the court order the trial court to vacate its order compelling production of the medical records sought by Dr.
The Nurses filed a petition for a writ of mandamus with the Supreme Court of Alabama.
DISTRICT OF COLUMBIA CIRCUIT REMANDS A SUIT TO DISTRICT COURT FOR FURTHER PROCEEDINGS AFTER CONSIDERING THE APPEALABILITY OF A STAY ORDER AND THE APPLICABILITY OF A WRIT OF MANDAMUS IN A CASE SEEKING TO ENFORCE A LONDON ARBITRAL AWARD AGAINST BELIZE
In 1997, nuclear power plant operators asked for and received a writ of mandamus from the D.