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.
All material utilized in accordance with Fair Use.
: 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
: 1 Henry Campbell Black, A Treatise on the Law of Judgments § 1, at 5 (2d ed. 1902).
: 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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