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Mandamus
A writ of mandamus or simply mandamus, which means "we command" in Latin, is the name of one of the prerogative writs in the common law, and is issued by a superior court (appellate court) to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly.[1]
Mandamus is a judicial remedy which is in the form of an order from a superior court to any government, subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty.[2] It cannot be issued to compel an authority to do something against statutory provision.
Mandamus can be supplemented by the statement that it is not only the command to do but also a command not to do a particular thing against the rights of the petitioner. Mandamus is supplemented by legal rights. It must be a judicially enforceable and legally protected right before one suffering a legal grievance can ask for a mandamus. A person can be said to be aggrieved only when he is denied a legal right by someone who has a legal duty to do something and abstains from doing it.
Mandamus is not a substitute for an appeal
In Ex parte A.S., [Ms. 1071104] (Ala. Aug. 15, 2008), the Alabama Supreme Court dismissed a petition for writ of mandamus because the appropriate remedy was by way of appeal...
Fifth District: Mandamus, Disqualification
This decision from the Fifth District shows that a petition for writ of mandamus can be used to compel the reassignment of trial judges where the 30-day period to rule on a disqualification motion has expired without a ruling.
Petition for Writ of Mandamus Moot
The concept of mootness applies to a writ of mandamus. “A case is moot when there is no real controversy and it seeks to determine an abstract question which does not rest on existing facts or rights...
Mandamus Not Appropriate Where Party Had Remedy On Appeal
In Shamburger v. Lambert, [Ms. 2080218] (Ala. Civ. App. May 29, 2009), the Court of Civil Appeals reversed the writ of mandamus issued by the circuit court on a review of a district court judgment...
Third Court to Hear FLDS Mandamus April 29
It turns out that Tuesday's post about FLDS appeals coming to Austin was timely. According to this press release and what I can gather from the Third Court of Appeals' web site, lawyers for Texas RioGrande Legal Aid filed a mandamus petition yesterday asking the court to order District Judge Barbara Walther to hold hearings at which each family would be able to respond to allegations of abuse before the children are placed in foster care in locations throughout the state...
Fourth District: Initiatives, Mandamus, and Laches
This decision by the en banc Fourth District is rather interesting. When a group of West Palm Beach citizens disagreed with the city's efforts to relocate some key public buildings, they followed the initiative procedure to propose ordinances to block the relocation...
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