What does mandamus mean?
: a writ issued by a superior court commanding the performance of a specified official act or duty.
What is meaning of mandamus in law?
”we command”) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain …
What is the tense of mandamus?
Origin of mandamus Latin mandāmus we order (used in such a writ) first person pl. present tense of mandāre to order man-2 in Indo-European roots.
How do you use mandamus in a sentence?
The duty will be enforced by the courts, for example, through mandamus or by injunction. I said that it could be enforced in our courts by the civil sanction of an order of mandamus. The relevant remedy in such a case is surely a mandamus that the case be properly heard and argued.
What is a mandamus action?
A “Mandamus Action” is a lawsuit used to compel someone, such as an officer or employee of the United States government, to act on an administrative matter that is not discretionary; where they have a legal duty to do so and have not.
How do you judge mandamus?
(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a petition with the circuit clerk and serve it on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge.
What is a mandamus appeal?
A writ of mandamus is a remedy that can be used to compel a lower court to perform an act that is ministerial in nature and that the court has a clear duty to do under law. It asks the higher court to order the lower court to rule on some issue, but does not tell the judge how to rule.
What is mandamus writ in India?
Mandamus. ‘Mandamus’ means ‘we command’. It is issued by the Court to direct a public authority to perform the legal duties which it has not or refused to perform. It can be issued by the Court against a public official, public corporation, tribunal, inferior court or the government.
What does writ of mandamus mean in India?
In India, the Supreme Court can issue prerogative writs under Article 32 of the Constitution, and the High Courts under Article 226. Mandamus literally means ‘we command’. When issued to a person or body, the writ of mandamus demands some activity on their part.
What is the meaning of the word 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 makes a writ or Order of mandamus extraordinary?
A writ or order of mandamus is an extraordinary court order because it is made without the benefit of full judicial process, or before a case has concluded.
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.”