What is a Writ of mandamus? Extended Review –

What is a Writ of mandamus?

A Writ of Mandamus or “writ of mandate” from the Latin “we command”, is the name of one of the prerogative writs in the common law.

Mandamus is a superior court (or Federal Court) order to compel a lower court, a government officer, public body, corporation, or individual, to fulfill mandatory or ministerial duties or correct an abuse of discretion.

Mandamus is not a writ of right but a judicial and extraordinary remedy, granted at the discretion of the Court either to review administrative decisions or to compel public officials to perform a mandatory function.

Nevertheless, the Writ of Mandamus cannot be issued to compel an authority to do something against statutory provision.

The 13th section of the act of Congress of 1789 gives the Supreme Court the power to issue Writs of Mandamus, under the authority of the United States.

There are three types of Writ of Mandamus:

• Peremptory Writ of Mandamus, when the right to require the performance of the act is clear and there are no valid excuses for nonperformance; this is often used in cases of immigration delays.
• Alternative Writ of Mandamus when the Court order requires taking a certain action because the law is unclear and there are valid reasons for not obeying.
• Continuing Writ of Mandamus when asking the authority to perform its tasks expeditiously for preventing miscarriage of justice.

The Mandamus was introduced to prevent disorders from a failure of justice and may be invoked only if three elements co-exist:
1. Someone is suffering an injustice
2. There is no other remedy available
3. Presence of a legal issue whose resolution will aid in the administration of justice.

The applicant must demonstrate that he or she has the legal right to compel the respondent to do or refrain from doing the specific act.

The Writ of Mandamus may achieve the intended result before the government even files an answer to the complaint.

The writ is rarely used and the help of a litigation law office representing you is very important.

All the requirements for an action have to be met. An attorney can review your situation and determine whether or not the Mandamus would be the right remedy for you.

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