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Petition or Application for Writ of Mandamus or Mandate for Refusal...

Franklin Ohio Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition

Name: Franklin Ohio Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition
Brand: US Legal Forms
Rating: 4.78 (420 reviews)

Category:

Civil Actions - Writs

State:

Multi-State

County:

Franklin

Control #:

US-01691BG

Format:

Instant download

Description

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.

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Overview. 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.

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.

Writs were developed over time as a way for authoritieslegal and otherwiseto direct others to perform specific actions. This means that a modern-day writ provides an order from a higher to a lower court, from a court to an individual or other entity, or from a government agency to another party.

A peremptory writ of mandate, or mandamus, is a judicial writ (i.e. order) to any governmental body, government official, or lower court requiring that the they perform an act or cease to act where the court finds that an official law, duty or judgment requires them to do so.

The five types of writs are: Habeas Corpus. Mandamus. Prohibition. Certiorari. Quo-Warranto.

The writ of mandate is a type of extraordinary writ in the U.S. state of California. In California, certain writs are used by the superior courts, courts of appeal and the Supreme Court to command lower bodies, including both courts and administrative agencies, to do or not to do certain things.

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.

(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.

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An agency may decide to deny a license in response to the information provided in the license application. Application as a petition for a writ of mandamus or a pe tition for a writ of certiorari.C. Effect of Failure to Timely Request a Hearing within Thirty (30) Days . 3d 463, 2001Ohio97 Mandamus properly dismissed after respondent judge had taken the action sought in the petition. Authority of court upon petition to remove child from foster parent. In a 5-4 decision, the Washington Supreme Court ruled that the inmates' request was not one for which a writ of mandamus could be issued. More than thirty years ago, Congress directed. EPA to issue such rules in the Comprehensive Environmental Response,. PETITION FOR A WRIT OF MANDAMUS TO THE UNITED STATES. 7.16.050, Application for writ—Notice.

Filed May 9, 2001. In this action the State of Texas demands compensation for its expenses incurred in removing the plaintiff's child from her family at Mount Weather by force in 1990. The child has been a ward of the State of Texas for fifteen weeks. She is now an orphan. The suit was a class action. The Court held (as did the Appellate Tues not held) that the State of Texas had immunity from suit by state officials where the officials acted in good faith. The Court concluded that the Texas Legislature would only create the duty of prompt notice where a state official had reason to know that the defendant might know of the act of the plaintiff but would take action without alerting the defendant. The action brought by the parents and the state for an abatement of a nuisance claim was dismissed (as was a claim that the State of Texas had breached the contract with the state school) due to a failure to notify the state school of a student's death within fourteen days of his death.

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Franklin Ohio Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition

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