- mandamus
-
man·da·mus /man-'dā-məs/ n [Latin, we enjoin, from mandare to enjoin]: an extraordinary writ issued by a court of competent jurisdiction to an inferior tribunal, a public official, an administrative agency, a corporation, or any person compelling the performance of an act usu. only when there is a duty under the law to perform the act, the plaintiff has a clear right to such performance, and there is no other adequate remedy available; also: an action in the nature of a writ of mandamus in jurisdictions where the writ is abolished compare cease-and-desist order at order, injunction, stay◇ Mandamus is an extraordinary remedy and is issued usu. only to command the performance of a ministerial act. It cannot be used to substitute the court's judgment for the defendant's in the performance of a discretionary act.mandamus vb
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
- mandamus
-
I
noun
charge, command, decree, dictate, direct, legislate, order, rule
associated concepts: writ of mandamus
II
index
fiat
Burton's Legal Thesaurus. William C. Burton. 2006
- mandamus
-
n.(Latin) We command; a writ issued by a superior court to a lower court, corporation, or officer, ordering it to do some act that is a duty required of it by law.
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
- mandamus
-
'we command', formerly a writ, now an order of court that commands a person, corporation or tribunal to carry out its duty. It is used to regulate the proceedings of tribunals and the like. In Scotland, the Court of Session has a general supervisory jurisdiction that allows it to achieve the same effect and, indeed, probably more: West v . Secretary of State for Scotland 1992 SLT 636. See judicial review.
Collins dictionary of law. W. J. Stewart. 2001.
- mandamus
-
(man-dame-us) Latin for "we command." A writ of mandamus is a court order that requires another court, government official, public body, corporation, or individual to perform a certain act. For example, after a hearing, a court might issue a writ of mandamus forcing a public school to admit certain students on the grounds that the school illegally discriminated against them when it denied them admission. A writ of mandamus is the opposite of an order to cease and desist, or stop doing something (an injunction). Also called a "writ of mandate."Category: If, When & Where to File a LawsuitCategory: Mediation, Arbitration & Collaborative LawCategory: Representing Yourself in CourtCategory: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
- mandamus
-
n. A writ issued by a court to compel a public official (including the judge of a lesser court) to perform a task or duty.
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
- mandamus
-
(Latin: We command.)A writ or order that is issued from a court of superior jurisdiction that commands an inferior tribunal, corporation, municipal corporation, or individual to perform, or refrain from performing, a particular act, the performance or omission of which is required by law as an obligation.
Dictionary from West's Encyclopedia of American Law. 2005.
- mandamus
-
I
[Latin, We comand.] A writ or order that is issued from a court of superior jurisdiction that commands an inferior tribunal, corporation, municipal corporation, or individual to perform, or refrain from performing, a particular act, the performance or omission of which is required by law as an obligation.II Writ issued by a superior court to an inferior tribunal to enforce the performance of a public duty.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
- mandamus
-
[man-dame-us]n.Latin for "we order," a writ (more modernly called a "writ of mandate") which orders a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. Examples: After petitions were filed with sufficient valid signatures to qualify a proposition for the ballot, the city refuses to call the election, claiming it has a legal opinion that the proposal is unconstitutional. The backers of the proposition file a petition for a writ ordering the city to hold the election. The court will order a hearing on the writ and afterwards either issue the writ or deny the petition. Or a state agency refuses to release public information, a school district charges fees to a student in violation of state law, or a judge will not permit reporters entry at a public trial. All of these can be subject of petitions for a writ of mandamus.See also: writ of mandate
Law dictionary. EdwART. 2013.