Keyword Analysis & Research: mandamus

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What is mandamus?

The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command. 2. It is a command issuing in the name of the sovereign authority from a superior court having jurisdiction, and is directed to some person, corporation, or, inferior court, within the jurisdiction of such superior court,...

What is a writ of mandamus?

A ( writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. (See, e.g. Cheney v. United States Dist. Court For D.C. (03-475) 542 U.S. 367 (2004) 334 F.3d 1096 .)

How is the remedy of mandamus made available?

The remedy of mandamus is made available through court opinions, statutes, and court rules on both the federal and state levels. On the federal level, for example, 28 U.S.C.A. § 1651 (a) provides that courts "may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law."

What are the types of mandamus in California?

In California, there are 2 types of mandamus: Ordinary Mandate An ordinary mandate is used by a court to compel agencies to perform ministerial acts. Administrative Mandate An ordinary mandate is used to review the validity of a final administrative order or decision made as the result of a lawfully required hearing

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