A mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records.
California Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition
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A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v. United States Dist.
Writ of mandate. (mandamus) n. a court order to a government agency, including another court, to follow the law by correcting its prior actions or ceasing illegal acts.
Here is the basic information you need to know: Fill out all necessary personal information on the Appeal Form. ... Provide an argument to the CUIAB about why the Administrative Law Judge made an error in your case. Send the form or letter within 30 days of the date the decision was mailed to you.
So it looks like the only difference is that mandamus is directed against a government official (which may be not a party to a proceeding?), while injunction is directed to a party of a proceeding.
Writs of mandate are issued to correct an abuse of discretion or to compel the performance of a lower court for a nondiscretionary duty to act. Writs of prohibition are issued to prevent a threatened judicial act in excess of a court's jurisdiction.
A writ of mandamus is a remedy that can be used to compel a lower court to perform an act that is ministerial in nature and that the court has a clear duty to do under law. When filing a petition for writ of mandamus, you must show that you have no other remedy available. A writ of mandamus is different from an appeal.
Generally, a Petition for Writ of Administrative Mandamus is a request that a Superior Court review and reverse the final decision or order of an administrative agency. It is brought under California Code of Civil Procedure (CCP) §1094.5. The terms mandamus and mandate are synonymous. CCP §1084.
Mandate refers to the traditional writ, codified in Code of Civil Procedure sections 1085 and 1086, which require the absence of a ?plain, speedy, and adequate remedy? as a basis for extraordinary relief. Mandamus refers to the administrative writ, and it is almost always preceded by the modifier administrative.