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The writ of mandate is a type of extraordinary writ in the U.S. state of California. [ 1 ] [ 2 ] In California, certain writs are used by the superior courts , courts of appeal and the Supreme Court to command lower bodies, including both courts and administrative agencies, to do or not to do certain things.
In turn, it was the California Practice Act that served as the foundation of the California Code of Civil Procedure. New York never enacted Field's proposed civil or political codes, and belatedly enacted his proposed penal and criminal procedure codes only after California, but they were the basis of the codes enacted by California in 1872. [11]
One quirk of California law is that when a party petitions the appellate courts for a writ of mandate (California's version of mandamus), the case name becomes [petitioner name] v. Superior Court (that is, the superior court is the respondent on appeal), and the real opponent is then listed below those names as the " real party in interest ".
Bernard Witkin's Summary of California Law, a legal treatise popular with California judges and lawyers. The Constitution of California is the foremost source of state law. . Legislation is enacted within the California Statutes, which in turn have been codified into the 29 California Co
Accordingly, today I introduced AB 68 to mandate e (The Center Square) – California Assemblyman Bill Essayli has proposed a bill that would require every school in the state to have armed school ...
A peremptory writ of mandamus (also peremptory writ of mandate or simply peremptory mandamus) is an absolute and unqualified writ (a formal written command) to the defendant to do the act in question. It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative mandamus.
In California law, when a case goes up on writ of mandate (California's version of mandamus), the appellant goes first in the case caption on appeal as the petitioner, and the superior court becomes the respondent. The actual opponent is listed below those names as the "real party in interest."
Volumes of the Thomson West annotated version of the California Penal Code; the other popular annotated version is Deering's, which is published by LexisNexis. The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California.