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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.
The mere claim by the distrainor that he had a right to the chattels distrained was a technicality that ended the action in replevin. It was then necessary to re-file using a new writ invented in the early fourteenth century, called the writ de proprietate probanda – a writ "concerning the proof of ownership". [26] [24]
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 ".
Bahio amovendo, a writ to remove a bailiff from his office for want of sufficient land in his bailiwick. [1]Beaupleader [3]; Besayle is a writ directed to the sheriff, in case of an abatement or disseisin, to summon a jury to view the land in question, and to recognise whether the great grandfather died seised of the premises, and whether the demandant be his next heir.
The right of rescission is a legal protection under the Truth in Lending Act (TILA) that allows you to cancel certain home financing agreements without any financial penalties.
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."
Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained.
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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