Wayne Michigan Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition

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Wayne
Control #:
US-01691BG
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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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FAQ

There are five types of writs Habeas corpus , Quo warraranto , Mandamus , Certiorari and Prohibition. 1. Habeas Corpus: The latin term habeas corpus means 'you must have the body ' and a writ for securing the liberty was called habeas corpus ad subjiciendum.

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

Writ of Mandamus. An extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official's discretion.

About Mandamus Actions A mandamus action is a lawsuit that is brought against the Government, not for money, but to make the Government do something that it is required to do. Sometimes the Government takes too long to process an application for a green card or naturalization.

Writ of Mandamus Examples A court trying to preside over a case in which it does not have the proper jurisdiction, or legal authority.

While other Writs are issued in certain circumstances only, such as when a person is illegally detained (Habeas Corpus) or when there is overstepping of jurisdiction by a court (Certiorari), Mandamus can be issued in those cases where there is on the performance of duty the authority.

Explanation Writ of mandamus relates to the performance of a legal duty by any public authority.

Contents. A writ of mandamus or simply mandamus, which means "we command" in Latin, is the name of one of the prerogative writs in the common law, and is issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly.

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

There are three main types of writs: writs of mandate (sometimes called mandamus), writs of prohibition, and writs of review (sometimes called certiorari).

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Writ petition challenging the vires of the Act. Review Denied December 3, 1992, Reported at 1992 Cal.

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Wayne Michigan Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition