: a writ issued by a superior court commanding the performance of a specified official act or duty
Example Sentences
Recent Examples on the WebSince then, the case seeking the writ mandamus has continued but motions mostly had to do with procedural matters, Levinson said, such as a filing from Yost to dismiss the case. Laura Hancock, cleveland, 2 Sep. 2022 Abbott disclosed Texas Attorney General Ken Paxton filed a mandamus petition in the 5th Court of Appeals to strike down the actions by Dallas County Judge Clay Jenkins, who filed a lawsuit against Abbott on Monday. Marcy De Luna, Chron, 13 Aug. 2021 The court further reasoned that, in any event, a judge does not subject himself to recusal by participating in a mandamus proceeding — particularly when the Circuit itself invited his participation. Andrew C. Mccarthy, National Review, 1 Sep. 2020 But, to repeat, winning the case is different from winning the mandamus. Andrew C. Mccarthy, National Review, 15 Aug. 2020 On average, mandamus petitions are decided by the Court of Criminal Appeals within about three-six months. Ashley Remkus | Aremkus@al.com, al, 7 Apr. 2020 That’s a stark contrast to the past 16 years, during which the government sought only eight stays total, four reviews before judgment, and no mandamus writs. Ephrat Livni, Quartz, 22 Feb. 2020 On average, mandamus petitions are decided by the Court of Criminal Appeals within about three-six months, a court official said. Ashley Remkus | Aremkus@al.com, al, 31 Jan. 2020 The lawsuit is technically called an action in mandamus.cleveland, 3 Feb. 2020 See More
Word History
Etymology
Latin, we enjoin, from mandare
First Known Use
1760, in the meaning defined above
Phrases Containing mandamus
writ of mandamus
writ of mandamus
Legal Definition
mandamus
noun
man·da·mus man-ˈdā-məs
: an extraordinary writ issued by a court of competent jurisdiction to an inferior tribunal, a public official, an administrative agency, a corporation, or any person compelling the performance of an act usually only when there is a duty under the law to perform the act, the plaintiff has a clear right to such performance, and there is no other adequate remedy available
also: an action in the nature of a writ of mandamus in jurisdictions where the writ is abolished compare cease-and-desist order at order, injunction, stay
Note: Mandamus is an extraordinary remedy and is issued usually only to command the performance of a ministerial act. It cannot be used to substitute the court's judgment for the defendant's in the performance of a discretionary act.