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Oregon Certificate of Service of Petition for Writ of Mandamus

State:
Oregon
Control #:
OR-HJ-023-02
Format:
PDF
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Description Writ Of Mandamus Format

A02 Certificate of Service of Petition for Writ of Mandamus

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FAQ

Mandamus can be issued where there is duty to exercise discretion, such a duty of the tribunal to hear and determine a case within its jurisdiction. Section 10 of the Tribunals & enquiries Act, 1992, imposes a duty on tribunal to give reasons for its decisions.

There should be a legal right in existence. The legal right should be enforceable by the court. Enforcement of such a right must impose a responsibility of per on a person, public authority, corporation or government. Such duty is of public nature.

Section 13 of the Judiciary Act of 1789 authorized the Supreme Court to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office,

A writ of mandamus (also called a writ of mandate) is a court order issued by a judge at a petitioner's request compelling any government, corporation, or public authority to execute a duty that they are legally obligated to complete.

What is a petition for writ of mandate? A. Mandate (aka Mandamus,) is an "extraordinary" remedy provided by a court. sitting in equity. In a mandate proceeding, the petitioner asks the superior or appellate court to direct an inferior judicial or administrative body to do something.

A writ of mandamus is obtained through a petition to a court and must be supplemented by legal rights. A writ of mandamus is only one type of writ.

(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a petition with the circuit clerk and serve it on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge.

A writ of mandamus can be used to order an act to be completed; in some cases, it may require an activity to be ceased. A writ of mandamus is obtained through a petition to a court and must be supplemented by legal rights. A writ of mandamus is only one type of writ.

(informally called "Cert Petition.") A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court.

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Oregon Certificate of Service of Petition for Writ of Mandamus