mandamus

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Related to writ of mandamus: Judiciary Act of 1789, Writ of quo warranto

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 ?
One final aspect of Marbury merits discussion: Chief Justice Marshall's treatment of Marbury's use of the writ of mandamus to seek relief for James Madison's alleged wrong.
The court also denied the Bank's request for a writ of mandamus, determining that the Bank did not meet the demanding requirements necessary for issuance.
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.
Gabriele cannot seek other forms of accommodation, such as voice-recognition computer software or other technological accessories," Senn and Kiley wrote in their amended petition for writ of mandamus.
COURT'S OPINION: The Supreme Court of Alabama denied the nurses' petition for a writ of mandamus.
The Federal Circuit refused to grant a writ of mandamus on Aug.
BSDL appealed the stay order or, if the order is not yet final, asks the appellate court to treat it as a petition for a writ of mandamus.
Parts III and IV then discuss how the government finally decided to mount a collateral attack against the writ of mandamus and why the Court of Federal Claims correctly found the writ to be void for want of jurisdiction.
decisions allowed review of remand orders by writ of mandamus, a tool of
24) Since the Bua decision, the supreme court has usually declined to issue the writ of mandamus but has occasionally granted essentially the same relief in exercising its supervisory power over lower courts.
Department of Energy by issuing a writ of mandamus ordering the DOE "to proceed with contractual remedies in a manner consistent with NWPA's command that it undertake an unconditional obligation.
Connolly approved a request by the Department of Revenue for a writ of mandamus, ordering Mr.