Mandate – n. (16c) 1. An order from an appellate court directing a lower court to take a specified action. 2. A judicial command directed to an officer of the court to enforce a court order. 4. Roman & civil law. A written command given by a principal to an agent; specifically, a commission or contract by which one person (the mandator) requests someone (the mandatary) to perform some service gratuitously, the commission becoming effective when the mandatory agrees. – mandate, vb.
Types of Orders:
Injunction – an order commanding or preventing an action that the plaintiff has shown to be necessary to prevent injury
Subpoena – command a person to appear in court, subject to a penalty for failing to comply
Interlocutory – a temporary order not constituting a final resolution of the whole controversy
Remittitur – an order requiring a Plaintiff to choose between a new trial or lowering the damages amount below what the jury had awarded
Peremptory Mandamus – an absolute command to the defendant after they default on, or fail to show sufficient cause in answer to, an alternative mandamus
Additur – with the defendant’s consent, increases the jury’s award of damages to avoid a new trial on grounds of inadequate damages
Minute Order – An order recorded in the minutes of the court rather than directly on a case docket., often not directly relating to a case, such as an order adopting a local rule of court.
Show Cause Order – directs a party to appear in court & explain why the party took (or failed to take) some action or why the court should or should not impose some sanction or grant some relief.
References:
All material utilized in accordance with Fair Use.
[1]: All definitions from: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6
[2]: 1 Henry Campbell Black, A Treatise on the Law of Judgments § 1, at 5 (2d ed. 1902).
[3]: 1 A.C. Freeman, A Treatise of the Law of Judgments §
19, at 28 (Edward W. Tuttle ed., 5th ed. 1925).
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