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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.
One of these appointees, William Marbury, filed a petition for a writ of mandamus directly in the Supreme Court, on the jurisdictional grounds that the Judiciary Act of 1789 stated that the Supreme Court "shall have power to issue writs of prohibition to the district courts [...] and writs of mandamus [...] to any courts appointed, or persons ...
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.
The rejected certiorari petition was Dickson's first in this Court, and one can only speculate as to whether denial of that petition would have been a foregone conclusion." [ 9 ] Once a request for a writ of certiorari has been filed, the respondents may choose to file a brief in opposition to the request within 30 days (this too can be granted ...
[that] remains awe-inspiring", Marshall had the Court rule in a way that maneuvered Marbury's simple petition for a writ of mandamus into a case that presented a question that went to the heart of American constitutional law itself. [45] The American political historian Robert G. McCloskey described: [Marbury v.
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 petition is a request to do something, ... such as a request for a writ of mandamus or habeas corpus, custody of a child, or probate of a will, ...
Requirements for Writ of Mandamus [ edit ] Mandamus is a remedy available for "extraordinary circumstances amounting to a judicial 'usurpation of power'" or a "clear abuse of discretion," and is guided by 28 U.S.C. § 1651(a) [ 8 ] and Supreme Court Rule 20.1.