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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.
Grant or denial of petition for writ of mandate or prohibition by the appellate division of a superior court [28] Grant or denial of petition for writ of mandate to compel agency to disclose public records [29] Denial of petition for writ of mandate to compel board to reverse revocation, suspension or restriction of a medical license [30]
A writ of mandamus (/ m æ n ˈ d eɪ m ə s /; lit. ' 'we command' ') is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing.
A criminal court may impose a "mandate" as part of a legal process on a person accused of a crime consisting of an obligation to engage in certain conditions or activities in exchange for suspension or reduction in penalty; such as, conditions of probation, conditional discharges, or other conditional sentences.
Example from 1948 Example from 2017 In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government . [ 1 ] The legal or constitutional basis for executive orders has multiple sources.
If a mandate meets these conditions, a written statement must be provided that includes the legal authority for the rule, a cost-benefit assessment, a description of the macroeconomic effects that the mandate will likely have, and a summary of concerns from the SLTG and how they were addressed. [53]
The mandate may well include a power to represent the mandator, but it need not do so. [55] For example, a person wishing to sell a house will often instruct an estate agent merely to find a suitable purchaser with whom the seller might conclude the sale personally, but may also authorise the estate agent to sell the property on the seller's ...
Retaining the mandate is contingent on the just and able performance of the rulers and their heirs. Corollary to the concept of the Mandate of Heaven was the right of rebellion against an unjust ruler. The Mandate of Heaven was often invoked by philosophers and scholars in China as a way to curtail the abuse of power by the ruler, in a system ...