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.
Illinois Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition
Instant download
Description
Free preview
Form popularity
FAQ
In federal courts, these orders most frequently appear when a party to a suit wants to appeal a judge's decision but is blocked by rules against interlocutory appeals. Instead of appealing directly, the party simply sues the judge, seeking a mandamus compelling the judge to correct their earlier mistake.
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.
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.
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.
The Writ of Mandamus is a civil action and can be used as a quick remedy in situations where the government fails to take action when it is vested with a duty to do so. The writ can be used to compel administrative agencies to act.
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.
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.
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.
