This pamphlet provides an overview on the types of writs of mandate, what they are used for, and when a writ of mandate may be sought.
Pennsylvania USLegal Pamphlet on Writ of Mandate
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FAQ
See: certiorari. A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.
What is an example of habeas corpus? If someone believes that they have been wrongly imprisoned because of a conviction based on discrimination, they can request a habeas corpus appeal.
A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a "writ of certiorari," which is a document asking the Supreme Court to review the case.
Examples from the Collins Corpus The writ of certiorari was dismissed for lack of jurisdiction. When it was discovered that the judgment was not final, the writ of certiorari was dismissed as improvidently granted.
Another example of a writ is the writ of seizure and sale is one example of a writ. When this writ is drafted by a court, it gives the petitioning party the right to take over ownership of a piece of property from someone else.
The term writ refers to a formal, legal document that orders a person or entity to perform or to cease performing a specific action or deed. Writs are drafted by judges, courts, or other entities that have administrative or judicial jurisdiction.
One example where the Supreme Court granted a petition for writ of certiorari and heard a case was entitled Filarsky v. Delia. In this case, the Supreme Court had to determine whether qualified immunity extends to a lawyer who is working for the government but is not a government employee.
For example, in a petition for writ of certiorari, a common statement here would be to have a section heading called ?Petition for Writ of Certiorari? and then a short paragraph stating ?petitioner XYZ requests that this court issue a writ of certiorari to reverse and remand the decisions below.? This is not a place ...