{"id":5331,"date":"2017-08-18T22:50:36","date_gmt":"2017-08-18T22:50:36","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=5331"},"modified":"2018-03-16T17:28:22","modified_gmt":"2018-03-16T17:28:22","slug":"writ-of-mandamus-alternative-mandamus-for-higher-court-to-compel-a-lower-court-officer-or-government-body-to-correct-a-prior-action-or-failure-to-act","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=5331","title":{"rendered":"writ of mandamus – issued to compel performance of a particular act by a lower court or a governmental officer or body, usually to correct a prior action or failure to act"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Court Rulings, Orders, Judgments, Decrees, etc.<\/a> >>>> Court Orders<\/a> >>>> Writs<\/a> >>>> Extraordinary Writs<\/a>:<\/span><\/strong><\/p>\n

***********************<\/p>\n

writ of mandamus<\/span>:<\/span><\/strong>
\nn. [Latin \u201cwe command\u201d] (16c)<\/span><\/p>\n

1. A writ issued by a court to\u00a0compel performance of a particular act by a lower court or a governmental officer or\u00a0body, usually to correct a prior action or failure to act.<\/strong>\u00a0\u2014 aka mandamus<\/strong><\/em><\/span>;\u00a0mandate<\/span><\/strong><\/em>; order<\/span><\/strong><\/em>.\u00a0 Pl. mandamuses<\/span><\/strong><\/em>. \u2013 mandamus<\/span><\/strong><\/em>, vb<\/em>. [1]
\n<\/span><\/p>\n

1. The process or writ which issues in a proceeding in mandamus where the plaintiff or petitioner is granted relief by way of mandamus. 35 Am J1st Mand \u00a7 380<\/span>.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 See alternative writ of mandamus<\/em>; peremptory writ of mandamus<\/em>. [2]<\/span><\/p>\n

1. See mandamus<\/strong><\/em><\/span>.<\/span><\/p>\n

mandamus<\/span> – Means “we command.”\u00a0 A writ issuing from a court of competent jurisdiction, directed to an inferior court, board, or corporation, or to an officer of a branch of government (judicial, executive, or legislative), requiring the performance of some ministerial act.\u00a0 A writ fo mandamus is an extraordinary remedy.<\/strong> [3]<\/span><\/p>\n

\u00a0 \u00a0 Excerpt from James L. High’s\u00a0A Treatise on Extraordinary Legal Remedies<\/a><\/em>:<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0\u201cThe modern writ of mandamus may be defined as a\u00a0command issuing from a common-law court of competent\u00a0jurisdiction, in the name of the state or sovereign, directed to\u00a0some corporation, officer, or inferior court, requiring the\u00a0performance of a particular duty therein specified, which duty\u00a0results from the official station of the party to whom the writ is\u00a0directed, or from operation of law. in the specific relief which it\u00a0affords, a mandamus operates much in the nature of a bill in\u00a0Chancery for specific performance, the principal difference being\u00a0that the latter remedy is resorted to for the redress of purely\u00a0private wrongs, or the enforcement of contract rights, while the\u00a0former generally has for its object the performance of obligations\u00a0arising out of official station, or Specially imposed by law upon\u00a0the respondent. The object of a mandamus is to prevent disorder\u00a0from a failure of justice and a defect of police, and it should be\u00a0granted in all cases where the law has established no specific\u00a0remedy and where in justice there should be one. And the value of\u00a0the matter in issue, or the degree of its importance to the public,\u00a0should not be too scrupulously weighed… The writ of mandamus\u00a0is of very ancient origin, so ancient indeed that its early history is\u00a0involved in obscurity, and has been the cause of much curious\u00a0research and of many conflicting opinions. it seems, originally, to\u00a0have been one of that large class of writs or mandates, by which\u00a0the sovereign of England directed the performance of any desired\u00a0act by his subjects, the word \u2018mandamus’ in such writs or letters\u00a0missive having doubtless given rise to the present name of the\u00a0writ. \u00a0These letters missive or mandates, to which the generic\u00a0name mandamus was applied, were in no sense judicial writs,\u00a0being merely commands issuing directly from the sovereign to the\u00a0subject, without the intervention of the courts, and they have now\u00a0become entirely obsolete. The term mandamus, derived from\u00a0these letters missive, seems gradually to have been confined in its\u00a0application to the judicial writ issued by the kings bench, which\u00a0has by a steady growth developed into the present writ of\u00a0mandamus.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

alternative mandamus<\/span> – <\/span><\/strong>(1809) A writ issued upon the first application for <\/strong><\/span>relief, commanding the defendant either to perform the act demanded or to appear\u00a0before the court at a specified time to show cause for not performing it.<\/strong> [1]
\n<\/span><\/p>\n

(alternative writ of mandamus)<\/span> – A writ, issued by the court in the beginning of a mandamus proceeding under older practice, which corresponds to a common-law declaration or to a complaint or petition in an ordinary action and usually deemed to be the first pleading in the case.<\/span><\/strong><\/p>\n

In it all the material facts on which the relator relies must be distinctly set forth, so that they may be admitted or traversed, and by the writ of defendant is called on to perform the particular act sought to be enforced, or, by a return, to deny the faccts alleged therein, or to state other matters sufficient to defeat the relator’s application. 35 Am J1st Mand \u00a7 348<\/span>.<\/span><\/strong><\/p>\n

The more modern practice makes use of an order to show cause, permitting this to be in the alternative of performing the act sought to be commanded or showing cause why it should not be commanded. 35 Am J1st Mand \u00a7 347<\/span>.<\/strong> [2]<\/span><\/p>\n

alternative writ<\/span> – A writ, issued by a court, that gives the party against whom it is directed the choice between performing a certain act or demonstrating why he should not have to perform it.\u00a0 This writ has been replaced in modern practice by the order to show cause.<\/strong> [3]<\/span><\/p>\n

peremptory mandamus<\/span> –<\/strong> (17c) An absolute and unqualified command to the defendant to do the act in question.\u00a0 *\u00a0 It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative mandamus.<\/strong> [1]<\/span><\/p>\n

1.<\/strong> Same as peremptory writ of mandamus<\/em>.
\n<\/span><\/p>\n

peremptory writ of mandamus<\/span> – A writ of mandamus requiring the party to do the thing absolutely, as distinguished from an alternative writ which requires him to do the thing, or show cause why he should not in his answer. 35 Am J1st Mand \u00a7 380<\/span>.<\/strong> [2]<\/span><\/p>\n

peremptory<\/span> – 1. Allowing no opportunity for challenge or contradiction; absolute.\u00a0 2. Imperious; autocratic.<\/strong> [3]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe<\/b><\/span><\/a><\/em> Tenth<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4 <\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>with<\/b><\/span><\/a><\/em> Pronunciations<\/b><\/span><\/a><\/em> Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/span><\/strong>Legal<\/b><\/span><\/a><\/em> Assistant<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[4]: James L. High,\u00a0A Treatise on Extraordinary Legal Remedies<\/a>\u00a0<\/em>\u00a7 2, at 5-6 (1884).<\/strong><\/span><\/p>\n

************************ <\/span><\/p>\n

Back to Extraordinary Writs<\/a><\/span><\/span><\/strong><\/p>\n

Back to Writs<\/a><\/span><\/span><\/strong><\/p>\n

Back to Court Orders<\/a><\/span><\/span><\/strong><\/p>\n

Back to Court Rulings, Orders, Judgments, Decrees, etc.<\/a><\/span><\/span><\/strong><\/p>\n

Home Page<\/span><\/a><\/strong><\/p>\n

Like this website?<\/span><\/span><\/strong><\/p>\n

Please Support Our Fundraiser<\/span><\/a><\/strong><\/p>\n

or donate via\u00a0<\/span><\/span><\/strong>PayPal<\/span><\/a><\/strong>:<\/span><\/span><\/strong><\/p>\n