mandamus


Also found in: Dictionary, Thesaurus, Legal, Financial, Wikipedia.

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 ?
(23) As a practical matter, though, federal courts of appeal typically rely on mandamus in situations where Florida intermediate courts of appeal use certiorari.
In finding for Pleus, though, he added the court was withholding the issuing of the mandamus writ, believing that Crist will comply without that.
Mandamus said that the transaction price was SEK12.7 per share, and would generate a pre-tax profit of SEK9m for the company.
(7) That question was whether section 13 of the Judiciary Act of 1789 legitimately conferred original jurisdiction on the Supreme Court to issue the writ of mandamus. The Court construed section 13 as authorizing such action by the Court, but concluded that this enlarged the original jurisdiction of the Court in violation of the Original Jurisdiction Clause of Article III of the Constitution.
Justice See Mee Chun made the ruling following a case management with regard to a mandamus application filed by the Orang Asli via Tan to get the Johor Baru Land and Mines Department to act in accordance with the Land Acquisition Act 1960.
An injunction is a court order commanding or prohibiting a specific action while mandamus commands the performance of an official duty.
A mandamus, meanwhile, is a judicial writ that compels a person or a party to perform a public duty.
Hence, the resolution of Codilla's case of mandamus is a must before a new selection process of the next IPMR in the city council can be done.
The writ of mandamus is issued by a superior court to compel a lower court or a government officer to perform a mandatory action.Allegations of corruption, the poor state of the economy and a US$25m mop - up exercise are among many other reasons why opposition and critics of President George Manneh Weah's regime want to protest in demand of reforms.
They are also seeking a Writ of Mandamus directing the respondents to take action required by Article 104 B of the Constitution read with Provincial Council Act No.2 of 1988 as it stood prior to the enactment of the Act No.17 of 2017 for the election of members Sabaragamuwa, North Central, Eastern, Central, Wayamba and Northern Provincial Councils.
After oral argument we ordered supplemental briefing on the possibility of mandamus as an alternative means of review if Henderson's argument about the collateral-order doctrine failed.