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Simple English definitions for legal terms
peremptory writ of mandate
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A quick definition of peremptory writ of mandate:
A peremptory writ of mandate is a final order from a court that tells a government body or official to do something that is required by law. It's different from an alternative writ of mandate, which gives the government a chance to explain why they can't follow the order. Usually, someone has to ask for the alternative writ first. If the government still doesn't follow the order, the court will issue the peremptory writ. Sometimes, the court will skip the alternative writ and just issue the peremptory writ right away if it's an emergency or if there's no good reason for the government not to follow the law.
A more thorough explanation:
A peremptory writ of mandate, also known as mandamus, is a final order issued by a court to a government body, government official, or lower court to perform an act that the court has determined is an official duty required by law.
For example, if a citizen petitions a court to order a government agency to release public records that they are legally required to provide, the court may issue a peremptory writ of mandate ordering the agency to comply with the request.
Before a peremptory writ is issued, the court may first issue an alternative writ of mandate, which orders the government agency or officials to either comply with the order or explain why they should not have to. If the agency fails to comply or provide a convincing explanation, the court will then issue the peremptory writ.
In some cases, such as emergencies or situations where there is no conceivable reason for the government not to follow the law, the court may skip the alternative writ and issue the peremptory writ after a notice of hearing.