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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Prohibition--Unlike under Florida law, federal writs of prohibition are closely related to federal writs of mandamus, such that the two are often sought in tandem and spoken of interchangeably.
orders through its supervisory writs of mandamus and prohibition brings
Precedent indicates that the Alaska Legislature may statutorily approve additional petitions for review for crime victims that in other states would be characterized as petitions for writs of mandamus.
The Court did not hear oral arguments in this case; instead, cases concerning writs of mandamus made the Supreme Court function as the trial court.
The Supreme Court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases herein after specially provided for; and shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under authority of the United States.
The petitions for writs of mandamus and prohibition in Sheward were clearly masked requests for an injunction, which, under Article IV of the Ohio Constitution, cannot be heard by the Ohio Supreme Court.
At least two appellate courts have issued writs of mandamus under circumstances in which a trial court has not set a properly noticed case for trial.
Trial practitioners will generally seek writs of mandamus, prohibition, or habeas corpus.
First, Marbury holds that Section 13 of the Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus to executive branch officers.
74) Furthermore, the court found jurisdiction because Courts of Appeal have traditionally issued writs of mandamus.