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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.
Prerogative writ" is a historical term for a writ (official order) that directs the behavior of another arm of government, such as an agency, official, or other court. [1] It was originally available only to the Crown under English law , and reflected the discretionary prerogative and extraordinary power of the monarch.
Examples of such cases include the 1892 case of United States v. Texas , [ 7 ] a case to determine whether a parcel of land belonged to the United States or to Texas, and Virginia v. Tennessee (1893), [ 8 ] a case turning on whether an incorrectly drawn boundary between two states can be changed by a state court, and whether the setting of the ...
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.
On November 8, 2018, consistent with the Supreme Court's order of November 2, 2018, the Ninth Circuit granted an indefinite stay on the trial pending its ruling on the government's request for a writ of mandamus, as well as requesting briefs from both the plaintiffs and the trial court on the writ and requiring the trial court to rule on the ...
Continuing mandamus, structural interdict, or structural injunction is a relief given by a court of law through a series of ongoing orders over a long period of time, directing an authority to do its duty or fulfill an obligation in general public interest, as and when a need arises over the duration a case lies with the court, with the court choosing not to dispose the case off in finality.
A writ of mandamus (Latin for "we command") is appropriate to compel surrender of documents in the possession of attorneys or other persons that have been illegally obtained under the abuse of a writ of attachment. [10] Mandamus can vacate an order to produce books and papers. [11] In an 1893 case, the United States Attorney for Alabama refused ...
A writ of assistance is a written order (a writ) issued by a court instructing a law enforcement official, such as a sheriff or a tax collector, to perform a certain task. Historically, several types of writs have been called "writs of assistance". [1] Most often, a writ of assistance is "used to enforce an order for the possession of lands". [2]
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