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Simple English definitions for legal terms

mandamus

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A quick definition of mandamus:

A mandamus is a special order from a court that tells a government official to do their job correctly or fix a mistake they made. It's only used in very important situations. In the federal courts, it's often used when someone wants to appeal a judge's decision but can't. In California, there are two types of mandamus: ordinary and administrative. Ordinary is used to make agencies do their job, while administrative is used to review a decision made by a hearing. Other states have their own rules for mandamus.

A more thorough explanation:

Definition: A mandamus is a court order that compels a government official to perform their official duties or correct an abuse of discretion. It is an extraordinary remedy that is only used in exceptional circumstances of peculiar emergency or public importance.

Example: If a judge makes a mistake in a case and a party wants to appeal the decision, but is blocked by rules against interlocutory appeals, they can sue the judge and seek a mandamus compelling the judge to correct their mistake. This type of indirect appeal is only available if the party has no alternative means of seeking review.

Explanation: This example illustrates how a mandamus can be used to correct a mistake made by a judge and allow a party to appeal a decision. It shows how a mandamus can be used as an alternative means of seeking review when other options are not available.

Types of Mandamus: The rules on mandamus and similar orders vary by jurisdiction. In California, there are two types of mandamus: ordinary mandate and administrative mandate. An ordinary mandate is used to compel agencies to perform ministerial acts or to review the validity of a final administrative order or decision made as the result of a lawfully required hearing. In Florida, a party asking for a writ of mandamus must demonstrate a clear legal right to commission of the particular duty in question. In New York, a writ of mandamus may be issued when an administrative agency, public body, or officer failed to perform a duty enjoined upon it by law.

Further Reading: For more information on writs of mandamus, see this and this .

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Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
BulbasaurNoLikeCardio
7:51
@texaslawhopefully: best prices and only fast food that doesn't make me sick
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