Warning

Info

LSDefine

Simple English definitions for legal terms

peremptory writ of mandate (or mandamus)

Read a random definition: latent intent

A quick definition of peremptory writ of mandate (or mandamus):

A peremptory writ of mandate, also known as mandamus, is a court order that requires a government body or official to do something or stop doing something if they are not following the law or their duties. It is different from an alternative writ of mandate because the court has already established that the government body or official must act. The defendant cannot argue against the writ, and it is absolute. However, the defendant must have notice of the writ and may have the opportunity to present their arguments.

A more thorough explanation:

A peremptory writ of mandate, also known as mandamus, is a type of judicial order that compels a government body, government official, or lower court to perform an act or stop an action. This is done when the court finds that an official law, duty, or judgment requires them to do so. It is different from an alternative writ of mandate because the act that the court compels has already been established by a lower court or government body.

For example, in Sholtz v. U.S., the Circuit Court of Appeals, Fifth Circuit affirmed the issuance of a peremptory writ of mandate which required Florida state officials for the treasury department to pay a judgment, their liability therefor a lower court had established. As another example, the California Superior Court in California Building Industry Assoc’n v. State Water Resource Control Bd. issued a peremptory writ of mandate to compel the State Water Resource Control Board to halt the implementation of certain environmental standards where the invalidity of the standards has already been established.

Courts usually require that the defendant has notice of the petition of the writ and an opportunity to present their arguments. For example, California Code of Civil Procedure § 1088 requires that “[w]hen the application to the court is made without notice to the adverse party, and the writ is allowed, the alternative must be first issued; but if the application is upon due notice and the writ is allowed, the peremptory may be issued in the first instance.” Additionally, the California Court of Appeal in Campbell v. Superior Court illustrates an instance where defendants to a peremptory writ of mandate had the opportunity to present new evidence at a hearing to adjudge whether the writ should be issued.

Overall, a peremptory writ of mandate is a powerful tool that courts can use to ensure that government bodies and officials follow the law and fulfill their duties.

peremptory norm | perfect

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 11 👎
Help us make LSD better!
Tell us what's important to you
lawguy we're nearly stats twins :D
13:13
I saw that, and I saw you got the Georgetown interview invite yesterday too! Goodluck!
you too haha, i was super surprised to have received one so early not gonna lie
i heard the group interview is really chill and I'm kinda excited to do it
seems cool
13:14
Yeah, 7sage has a page that talks about the questions for each schools interview, GULC's seems unique
13:15
Idk how much of an effect it has on admissions chances but should be cool either way
ive heard the conversion rate for gulc group interview is pretty high even moreso if you have the stats
it's hard to say but i've also heard that the group interview is harder to get than the alumni interview. but who really knows tbh
im p sure they don't interview everyone and getting one this early should be a great sign!
13:16
Yeah I've heard the same ab the group interview
13:17
So maybe I'll see you in D.C. a year from now lmao
initiallaw
13:32
Speaking of stat twins kazuyamishima were exact stat twins lol
17:13
Anyone going to the UGA zoom thing on the 22nd?
17:16
My bad, 24th*
Idk, what's it for?
@Law-Guy: How'd you get the Vandy fee waiver?
17:32
What does going ur3 in 3 days mean at Uva 😅
that you will get UR2 in 3 more
17:33
somethings gotta give
I’m new. What’s the UR and UR2?
17:35
I already went ur2. It’s the 3rd status date change
17:35
@RustyWrangler: attend one of their virtual info sessions and they'll send you a fee waiver
@Law-Guy: Awesome, thanks! I'll sign up rn!
i'm not entirely sure
They've recently been sending a lot of interview invites
It means status change?
17:47
Someone said there is a wl/r wave coming but how can that even be predicted 😭
17:48
Where?
Quillinit
17:50
This is obviously not true for UVA. Past years show they don't send any non A results until December
LSD+ is ad-free, with DMs, discounts, case briefs & more.