mandamus

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. . 1996.

mandamus
I noun charge, command, decree, dictate, direct, legislate, order, rule associated concepts: writ of mandamus II index fiat

Burton's Legal Thesaurus. . 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. . 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. . 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."
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Nolo’s Plain-English Law Dictionary. . 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. . 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. . 2013.

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  • Mandamus — (lat. wir ordnen an) ist ein Rechtsterminus, der eine gerichtliche Entscheidung in der Nebensache bezeichnet, also jede, meistens an einen Dritten oder an eine staatliche Stelle gerichtete Anordnung oder Verfügung, die kein Endurteil im… …   Deutsch Wikipedia

  • mandamus — (lat. wir ordnen an) ist ein Rechtsterminus, der eine gerichtliche Entscheidung in der Nebensache bezeichnet, also jede, meistens an einen Dritten oder an eine staatliche Stelle gerichtete Anordnung oder Verfügung, die kein Endurteil im… …   Deutsch Wikipedia

  • mandamus — UK US /mænˈdeɪməs/ noun [C] (plural mandamuses) ► LAW an official order from a court of law stating that a person or organization must do a particular thing: »A court may issue a writ of mandamus to force a public official to perform a mandated… …   Financial and business terms

  • Mandamus — Man*da mus, n. [L., we command, fr. mandare to command.] (Law) A writ issued by a superior court and directed to some inferior tribunal, or to some corporation or person exercising authority, commanding the performance of some specified duty.… …   The Collaborative International Dictionary of English

  • Mandāmus — (lat., »wir verordnen«), Bezeichnung für einen Befehl (injunction) des englischen Oberhofgerichts …   Meyers Großes Konversations-Lexikon

  • mandamus — 1530s, writ from a superior court to an inferior one, specifying that something be done, (late 14c. in Anglo French), from Latin, lit. we order, first person plural pres. indicative of mandare to order (see MANDATE (Cf. mandate) (n.)) …   Etymology dictionary

  • mandamus — [man dā′məs] n. [L, we command, 1st pers. pl., pres. indic., of mandare: see MANDATE] Law a writ commanding that a specified thing be done, issued by a higher court to a lower one, or to a private or municipal corporation, government agency,… …   English World dictionary

  • Mandamus — For other uses, see Mandamus (disambiguation). Prerogative writs …   Wikipedia

  • mandamus — /maendeymas/ We command. This is the name of a writ (formerly a high prerogative writ) which issues from a court of superior jurisdiction, and is directed to a private or municipal corporation, or any of its officers, or to an executive,… …   Black's law dictionary

  • mandamus — /maendeymas/ We command. This is the name of a writ (formerly a high prerogative writ) which issues from a court of superior jurisdiction, and is directed to a private or municipal corporation, or any of its officers, or to an executive,… …   Black's law dictionary

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