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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 was a summons from the Crown to the parties to the action, with on its back the substance of the action set out, together with a 'prayer' requesting a remedy from the court (for example, damages). In 1980, the need for writs to be written in the name of the Crown was ended. From that time, a writ simply required the parties to appear. [16]
The 1688 Bill of Rights provides no such limitation to assembly. Under the common law, the right of an individual to petition implies the right of multiple individuals to assemble lawfully for that purpose. [11] England's implied right to assemble to petition was made an express right in the US First Amendment.
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.
The initial pleading in a civil lawsuit that seeks only money (damages) might be called (in most U.S. courts) a complaint. An initial pleading in a lawsuit that seeks non-monetary or "equitable" relief, such as a request for a writ of mandamus or habeas corpus, custody of a child, or probate of a will, is instead called a petition.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
A petition for certiorari before judgment, in the Supreme Court of the United States, is a petition for a writ of certiorari in which the Supreme Court is asked to immediately review the decision of a United States District Court, without an appeal having been decided by a United States Court of Appeals, for the purpose of expediting the proceedings and obtaining a final decision.
But there is evidence that "threat of penalty" had been attached to writs used by the government to induce behavior as early as 1232. By 1350, the writ certis de causis (the "writ for certain causes"), began having the clause subpoena routinely attached. The writ quibusdam certis de causis is at least as old at 1346, and had subpoena attached ...
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