Search results
Results from the WOW.Com Content Network
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 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.
An alternative writ and order to show cause are identical in effect, but semantically slightly different; an alternative writ directs the trial court either to comply with its terms or show cause why it should not be ordered to do so, while an order to show cause only directs the trial court to show cause why the relief should not be granted.
Second District Court Judge Nancy J. Franchini issued an alternative writ of mandamus with those directions Tuesday in response to a petition Detective Patrick Ficke filed earlier this month ...
Mandamus, "an high prerogative writ of a most extensive remedial nature, and may be issued in some cases where the injured party has also another more tedious mode of redress". 3 Bl Com 100. [ 14 ] Manucaptio , a writ that lies for a man, who, being taken on suspicion of felony , and offering sufficient bail, cannot be admitted thereto by the ...
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. This writ is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction. Writs of prohibition can be subdivided into "alternative writs" and "peremptory writs".
In the alternative, the Petitioner sought transfer to the Eastern District of Virginia under 28 U.S.C. 1404(a). [3] The district court denied both motions. [3] On appeal, the United States Court of Appeals for the Fifth Circuit refused to grant a writ of mandamus directing the district court to grant either motion. [5]
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.