What Is a Writ of Mandamus?
A writ of mandamus is a court order issued by a judge at a petitioner’s request compelling someone to execute a duty that they are legally obligated to complete. A writ can also be issued when the authority of a higher court is required to order a lower court or government agency to complete a duty to uphold the law or to correct an abuse of discretion. The writ of mandamus can be used to order a task to be completed, or in other cases, it may require an activity to be ceased.
KEY TAKEAWAYS
A writ of mandamus is a court order compelling someone to execute a duty that they are legally obligated to complete.
A writ is also used to order a lower court or government agency to complete a duty to uphold the law or to correct an abuse of discretion.
Writs of mandamus are unique because they can be made without completing the judicial process or before a case has concluded.
Understanding Writs of Mandamus
Writs of mandamus are unique because they can be made without completing the judicial process or before a case has concluded. They are powerful. However, they are
rarely used because a petitioner must prove there are no other remedies to the situation and that
someone is suffering an injustice due to the failure to comply with the law. Judges prefer not to issue writs unless it is completely necessary because of the disruption they cause to the legal process.
Connect With Us