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MIAMI A
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Simple English definitions for legal terms
alternative mandamus
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A quick definition of alternative mandamus:
Alternative Mandamus: A type of legal order issued by a higher court to force a lower court or government official to perform their duties correctly. It can either command the defendant to perform the requested action or appear in court to explain why they have not done so. If the defendant fails to comply with the alternative mandamus, a peremptory mandamus may be issued, which is an absolute command to perform the action in question.
A more thorough explanation:
Definition: Alternative mandamus is a type of writ that is issued by a superior court to compel a lower court or government officer to perform mandatory or purely ministerial duties correctly. It is also known as a writ of mandamus or mandate.
Example: Let's say that a citizen has applied for a permit to build a house, but the government officer responsible for issuing the permit has not responded to the application. The citizen can file a petition for an alternative mandamus, which would require the officer to either issue the permit or appear in court to explain why it has not been issued.
Explanation: In this example, the citizen is using an alternative mandamus to compel the government officer to perform a mandatory duty (issuing the permit) correctly. If the officer fails to comply with the writ, they may be held in contempt of court.