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Simple English definitions for legal terms
writ of mandamus
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A quick definition of writ of mandamus:
Term: Writ of Mandamus
Definition: A writ is a legal order issued by a higher court to a lower court or government official to do their job correctly. A writ of mandamus is a specific type of writ that orders someone to perform a mandatory or ministerial duty. It's like a boss telling an employee to do their job properly. There are two types of mandamus: alternative mandamus, which gives the defendant a chance to explain why they haven't done their job, and peremptory mandamus, which is an absolute order to do the job without any excuses.
A more thorough explanation:
A writ of mandamus is a legal order issued by a higher court to force a lower court or government official to perform a mandatory or ministerial duty correctly. It is also known as a writ of mandamus, mandate, or order.
For example, if a citizen believes that a government official is not performing their duties correctly, they can file a petition for a writ of mandamus. If the higher court agrees, it can issue a writ of mandamus to force the official to perform their duties correctly.
There are two types of writs of mandamus:
- Alternative mandamus: This is the first type of writ issued. It commands the defendant to either perform the act demanded or appear before the court to show cause for not performing it.
- Peremptory mandamus: This is an absolute and unqualified command to the defendant to do the act in question. It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative mandamus.
For example, if a citizen files a petition for a writ of mandamus to force a government official to release public records, the court may issue an alternative mandamus. If the official still does not release the records, the court may issue a peremptory mandamus to force compliance.