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Topic: Mandamus

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  Writ Of Mandamus - LoveToKnow 1911
Mandamus has always been regarded as an exceptional remedy to supplement the deficiencies of the common law, or defects of justice.
This enactment does not deal with the prerogative mandamus but empowers the king's bench and the chancery divisions to grant an interlocutory mandamus in any pending cause or matter by an order other than the final judgment and even by an order made after the judgment.
The mandamus issued in the action is no longer a writ of mandamus, but a judgment or order having effect equivalent to the writ formerly used.
www.1911encyclopedia.org /Writ_Of_Mandamus   (879 words)

 SPBR Case Law Archive -- Appellate Procedure & Review: Mandamus
Mandamus is a proper remedy to compel employers to reinstate employee when there was no authority to remove the employee; but, mandamus will be denied when a necessary party is not a party to the action nor has yet had an opportunity to act in the matter of the employee's discharge.
Mandamus is a proper remedy to compel reinstatement after coerced resignation when employee's resignation was not a voluntary one and the action of the board in accepting the resignation could reasonably be considered to be the order of removal from which an appeal could be taken pursuant to R.C. State, ex rel.
Writ of mandamus denied as to an employee who was restored to state employment subsequent to a layoff and upon her return was given a different desk, chair and physical tasks than she had before the layoff, when work assignments and internal personal management decisions are the prerogative of the employer.
pbr.ohio.gov /mandamus.htm   (1482 words)

 mandamus - HighBeam Encyclopedia
Mandamus may be used to compel the directors of a corporation to produce the books for inspection in the manner provided by law or to compel a lower court to accept a suit it has illegally refused.
Mandamus is an extraordinary remedy; i.e., it will not be issued if the usual remedies, e.g., damages for the breach of duty, are adequate.
Mandamus, originally granted at the will of the English king, is now available from ordinary courts in Great Britain and the United States.
www.encyclopedia.com /doc/1E1-mandamus.html   (402 words)

 Mandamus   (Site not responding. Last check: 2007-10-11)
Mandamus is a method to compel a public official, a corporate officer, or judge to perform a ministerial duty which he has a duty to perform.
Mandamus cannot be used to compel an official to perform a discretionary act or tell him how to decide an issue, but it may be used to compel him to exercise his discretion and make a decision.
Normally, mandamus is filed first in the circuit court before a circuit judge, although it may originally be filed in an appellate court if the actions of a circuit judge or a state officer are involved.
www.mobar.org /handbook/mandamus.htm   (430 words)

 Mandamus Actions: "How To" and Summary of Relevant Case Law   (Site not responding. Last check: 2007-10-11)
Mandamus is proper to compel the Secretary of Labor to issue a certification to a noncitizen employee, where under the circumstances the Secretary has no discretion to deny the certification.
The mandamus remedy is not appropriate because one of the conditions — the clear duty to adjudicate the petitions -- is not present.
Mandamus action denied requiring INS to give preferential treatment to immediate relative petition of citizen's wife; mandamus would be appropriate if the INS had refused to adjudicate the petition at all, but not where all the INS did was require the plaintiff to wait his turn.
www.ailf.org /lac/lac_pa_071803.asp   (3252 words)

 CITES BY TOPIC: mandamus
Mandamus may be appropriately issued to confine an inferior court to a lawful exercise of prescribed jurisdiction, or when there is an usurpation of judicial power.
Holder, 379 U.S. Mandamus may be employed to require a lower court to enforce the judgment of an appellate court, or to keep such a court from interposing unauthorized obstructions to the enforcement of the judgment of a higher court.
Where the right was clear and indisputable, mandamus issued to compel a lower court to release a boat under an assertion of the immunity of a foreign sovereign.
famguardian.org /TaxFreedom/CitesByTopic/mandamus.htm   (854 words)

Writ of mandamus is a prerogative writ which will issue only to enforce a clear legal right where the person against whom it is directed is under a legal obligation to perform the act commanded.
Mandamus issues to compel performance of a ministerial duty imposed by law and not involving the exercise of a discretion.
If the return is found untrue, the court may issue a peremptory mandamus in the same manner and on the same principles as if the return were insufficient, and may render judgment for the complainant to recover his costs, and grant execution for such costs.
www.cga.ct.gov /2005/pub/Chap918.htm   (1709 words)

 Writ of Mandamus
A writ of mandamus (man DAMM us) is a way to get appellate review of a case when an ordinary appeal would be inadequate.
The right to the writ of mandamus is governed by Rule 21 of the Alabama Rules of Appellate Procedure, which lays out all the elements the petition for writ must contain and requires that it be filed within "a reasonable time."
In divorce cases, the most frequent use of applications for writs of mandamus is in situations where the trial court has made a ruling but has not yet made a judgment final (for example, a pendente lite (temporary) order.
www.divorceinfo.com /blognotes/mandamus.htm   (211 words)

 Welcome to Adobe GoLive 6
Whether the petitioner is entitled to the issuance of a Writ of Mandamus where the trial court lacked authority to impose two concurrent life sentences, rather than terms of years, without first submitting the issue to the jury as the statute required.
Mandamus is an extraordinary remedy requiring “(1) a showing of some special risk of irreparable harm, and (2) a demonstration of clear entitlement to the relief requested, i.e., that the district court's order is palpably erroneous.” In re Cambridge Literary Props.
Although mandamus is an extraordinary and unusual proceeding, its application is appropriate in the present case where, through no fault of his own, the petitioner is now serving an illegal life sentence.
www.criminalappeals.com /TrenklerMandamus.html   (2316 words)

 Writ of Mandamus
Mandamus will lie for an abuse of discretion where discretion has been exercised arbitrarily and capriciously or where discretion has been exercised in bad faith, Peavey Co. V.
Mandamus is warranted when the abuse is clear or results in a manifest injustice, Reis V. Nangle 349 S.W.2d 943.
Mandamus will lie when an official refuses to act when he has a duty to act and refuses to do so.
www.plf.net /motions/wofmamdamamus.htm   (723 words)

 Mandamus Example
at 9-10, a petitioner seeking an extraordinary writ, such as a writ of mandamus, must demonstrate both a clear and indisputable entitlement to the writ and the lack of an adequate alternative means to obtain the requested relief.
This action seeks the Court to issue a writ of mandamus compelling the Winston-Salem VARO to render a Statement of the Case or in the alternative, to pay the veteran as he should be paid.
He requests that the Court issue a writ of mandamus compelling the RO to render a rating decision on his request for convalescent benefits so that he may pursue the appellate process, should that be necessary.
www.hadit.com /library/law/mandamusexample001.htm   (2802 words)

 Mandamus - Wikipedia, the free encyclopedia
Normally, a writ of mandamus does not issue to, or an order in the nature of mandamus is not made, against the private individual.
A mandamus would be equally applicable for a company constituted by a statute for the purposes of fulfilling public responsibilities.
The power of the Supreme Court of the United States to issue a writ of mandamus outside its appellate jurisdiction was the controversy that led the Court to delve into the much more significant issue of judicial review in the famed case of Marbury v.
en.wikipedia.org /wiki/Mandamus   (1523 words)

 DCBA Brief, October 1999 Issue - Mandamus Actions in Illinois
Most new (or newish) lawyers probably think of writs of mandamus as belonging to some mist shrouded archaic time and would be very surprised indeed to know that both Illinois and federal law provide for the writ.
This essay is a bare-bones attempt to describe the basic requirements for the writ of mandamus and to point out some of the inconsistencies and problems in the case law.
Similarly, where plaintiffs requested a writ of mandamus ordering the Village of Antioch to enforce its nuisance ordinance to force railroads to stop sounding their train horns, the court held that the duty to enforce ordinances was subject to the prosecutor’s discretion and therefore the plaintiffs were not entitled to the writ.
www.dcba.org /brief/octissue/1999/art61099.htm   (1714 words)

 87173 -- Willis v. Kansas Highway Patrol -- Larson -- Kansas Supreme Court
If it be desired in connection with any mandamus proceeding to stay any proceedings or acts pending determination of the mandamus proceeding, the plaintiff may combine therewith an application for relief under article 9 of this chapter.
The judgment in mandamus shall specify with particularity the act or acts which the defendant is compelled to perform or enjoined from performing.
The issue was whether the general order of mandamus should be issued, a peremptory writ should be issued, or not to issue a writ at all.
www.kscourts.org /kscases/supct/2002/20020308/87173.htm   (3267 words)

 Mandamus   (Site not responding. Last check: 2007-10-11)
There are two separate lines of cases on whether a given case is properly brought under administrative or traditional mandamus: cases that turn on whether the underlying action was quasi-legislative or quasi-adjudicatory, and cases that turn on the nature of the proceedings.
The court held that a challenge to a rezoning based on alleged violation of CEQA was properly brought under Section 1094.5, even though 'rezoning of property, even a single parcel is generally considered to be a quasi-legislative act...
In administrative mandamus, a writ is authorized when there is an abuse of discretion, which "is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence." CCP Section 1094.5(b).
www.rbeerslaw.com /mandamus.html   (2052 words)

 Legal Definition of Mandamus
MANDAMUS - The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command.
Mandamus is not a writ of right, it is not consequently granted of course, but only at the discretion of the court to whom the application for it is made; and this discretion is not exercised in favor of the applicant, unless some just and useful purpose may be answered by the writ.
The 13th section of the act of congress of Sept. 24, 1789, gives the Supreme Court power to issue writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed or persons holding office, under the authority of the United States.
www.lectlaw.com /def2/m079.htm   (288 words)

 Petition for Writ of Mandamus
e, Since mandamus is a civil action, petitioner is assuming he is not entitled to a waiver of the fees for indigent status whether or not petitioner should be in jail; please advise petitioner if he should be wrong on this point.
This writ of mandamus is about problems of a citizen trying to exercise his right of appeal to the Second District Court of Appeal from the Twentieth Judicial Circuit; a process that is, in reality, one of th e simplest yet most singularly important procedural legal functions to be performed.
The references in the brief to the "record" are to the discovery file of which petitioner obtained an incomplete copy on June 28, 1994; petitioner not understanding the distinction between the discovery file and the clerk's file at the time.
www.afn.org /~afn54735/mandamus1.html   (5267 words)

 Mandamus Staffing Solutions, Inc.   (Site not responding. Last check: 2007-10-11)
Mandamus Staffing Solutions, Inc. was formed to aid the increasing need of companies in today's marketplace to help identify and secure top notch talent.
Mandamus Staffing Solutions, Inc. is able to help cut costs, increase efficiency and help identify those hard to find candidates and groups.
Mandamus Staffing Solutions, Inc. has endless nationwide resources that enable its recruiters to effectively and completely assist a candidate with his or her job search from start to finish, as well as successfully help potential employers fulfill all recruiting needs.
www.mandamusstaffingsolutions.com   (247 words)

 #1 Mandamus, Marbury and Jurisdiction
He wanted the Court to issue a writ of mandamus (mandamus is Latin for 'mandate') forcing the Secretary of State to deliver them.
The power of mandamus gave the Court original jurisdiction, but it gave original jurisdiction beyond the limits of the Constitution.
The misuse of mandamus was the mechanism ruled unconstitutional in Marbury v.
www.neo-libertarian.com /scotuswork1.html   (973 words)

 Section 386-360 Commission to investigate mandamus or i   (Site not responding. Last check: 2007-10-11)
Such relief shall not be limited to permanent forms of mandamus and injunction, but shall include all available forms of injunction and mandamus, including temporary restraining orders, preliminary injunctions, permanent injunctions, preliminary orders of mandamus, and permanent orders of mandamus.
It shall thereupon be the duty of the court to specify the time, not exceeding thirty days after service of a copy of the petition, within which the public utility, person, municipal gas system or corporation complained of, must answer the petition in cases where an answer is contemplated by Missouri Rules of Court.
The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that a writ of mandamus or an injunction, or both, issue as prayed for in the petition or in such modified or other form as the court may determine will afford appropriate relief.
www.moga.state.mo.us /statutes/C300-399/3860000360.HTM   (308 words)

 Law.com - Texas Supremes Deny Republicans' Mandamus Writ
Without comment, the Texas Supreme Court denied a petition for writ of mandamus sought by Republican state officials in an effort to force 11 Democratic state senators who fled to Albuquerque, N.M., back to the Senate to work on congressional redistricting.
David Dewhurst filed the mandamus petition on Aug. 7, seeking to end the Senate Democrats' walkout to block a vote on redistricting.
Dewhurst says in a written statement that the court's denial of the mandamus writ clarifies that the issue is a legislative matter that only legislators can resolve.
www.law.com /jsp/article.jsp?id=1059980459201   (889 words)

 Mandamus - Civil Procedures
The Superior Court may issue a writ of mandamus only to enforce a clear legal right where the person against whom the writ is directed is under a legal obligation to perform the act.
This motion must be under oath, whether it is attached to the complaint or filed during the pendency of the action.
No entry fee is required if the application for mandamus is in aid of a pending action.
www.jud.ct.gov /CivilProc/mandamus.htm   (184 words)

 Writ of Mandamus Options for FBI namecheck - Immigration Voice
This is only notes prepared based on legal opinion of a lawyer who specializes in Writ of Mandamus cases against the USCIS for citizenship cases as well as family based and employment based greencards.
In employment based immigration cases, if your priority date is not current then the chances of success by filing writ of mandamus are negligible.
Otherwise the USCIS will respond to WoM by saying that the case is not actionable and a decision cannot be made until the case becomes current per visa bulletin.
immigrationvoice.org /forum/showthread.php?t=1088   (771 words)

 DIG v NARA Mandamus Civil Action against the US Archivist
Thus we also move this Court to issue a Writ of Mandamus ordering the defendants to include Art.14§2 of the United States Constitution and its enabling United States Code 2USC§6 in the pamphlet prior to distribution before the next presidential election, and to order such other equitable relief as may be just and proper.
Plaintiffs are not entitled to a writ of mandamus.
Plaintiffs have established that a writ of mandamus is warranted, that this cause be maintained as a class action and that they are entitled to a "clear right to relief".
members.aol.com /electorsus/digvnara.htm   (5622 words)

 The Hindu : HC order of `mandamus' set aside
"The duty that may be enjoined by mandamus may be one imposed by the Constitution, a statute, common law or by rules or orders having the force of law''.
Allowing an appeal from the State, the Bench, which included Justices S.N. Phukan and S.N.Variava, cautioned that though the powers of the High Courts under Article 226 (writ jurisdiction) are discretionary and no limits can be placed upon their discretion, it must be exercised along recognised lines and subject to certain self-imposed limitations.
"The High Court, in exercise of power of issuance of `mandamus', could not have said anything contrary to that (laid down by the Apex Court in Venkatagiri case) on the ground that the earlier judgment in favour of the respondents became final, not being challenged''.
www.hinduonnet.com /2002/04/07/stories/2002040700221200.htm   (182 words)

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