mandamus

Thân thiện

A judge issues a writ of mandamus to compel the official's action.

Definition

Noun: 1. A judicial writ: A formal written order issued by a court of superior jurisdiction (typically a higher court) commanding a lower court, government official, corporation, or public authority to perform a specific, legally required, and non-discretionary public duty. It is an extraordinary legal remedy used to compel action, not to direct or review the exercise of discretion.

Usage Examples

• Noun:
  • The judge issued a mandamus to compel the city council to release the public records as required by law.
  • The attorney filed for a writ of mandamus to force the agency to make a decision on the long-pending application.
  • A mandamus is not appropriate to tell an official how to decide, only to compel them to make a decision they are legally obligated to make.

Advanced Usage

• "Writ of mandamus": This is the full, formal term. "Mandamus" itself is often used as shorthand for this writ.
  • The Supreme Court granted the petition for a writ of mandamus.
• "To mandamus" (verb, rare/legal jargon): Informally used within legal contexts to mean "to seek or obtain a writ of mandamus against."
  • The plaintiffs threatened to mandamus the commissioner if he did not act.

Variants and Related Words

• Mandatory (adj): Required by law or rule; compulsory.
  • Attendance at the safety briefing is mandatory.
• Mandate (n/v): An official order or authorization to do something.
  • The government received a clear electoral mandate.
• Peremptory (adj, legal): Insisting on immediate attention or obedience; final and not subject to debate.
  • The court issued a peremptory order.

Synonyms

• Writ of compulsion: A formal order forcing action.
• Peremptory writ: A final, absolute command from a court.

Related Legal Concepts (Not Phrasal Verbs)

• Certiorari: A writ from a higher court asking a lower court to send up the record of a case for review.
• Prohibition: A writ issued by a higher court to prevent a lower court from exceeding its jurisdiction.
• Injunction: A court order commanding or preventing a specific action.

Idioms / Fixed Phrases

• "To seek mandamus" / "To apply for mandamus": The standard phrases for initiating this legal action.
  • The only remaining recourse was to seek mandamus from the appellate court.

Học thuật

Noun

1. an extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official's discretion; used only when all other judicial remedies fail

Từ đồng nghĩa

• writ of mandamus