What is another word for mandamus?
Asked by: Josh Smith | Last update: January 10, 2026Score: 4.6/5 (16 votes)
synonyms: writ of mandamus. judicial writ, writ. (law) a legal document issued by a court or judicial officer.
What is the literally meaning of mandamus?
In Anglo-American legal systems, mandamus (Latin for “we command”) is used by courts of superior jurisdiction to compel the performance of a specific act refused by a lower court, such as the hearing of a case falling within the latter's authority.
What are examples of mandamus?
A writ of mandamus can be issued in order to compel a lower court or a government official to do something. For example, if a judge has a personal relationship with a party to a court case, that judge should appoint a new judge and a writ of mandamus could be issued if they do not.
What is filing a mandamus?
Filing a mandamus action creates a lawsuit against an officer or employee of the United States government with the purpose of compelling that person to take action in an administrative matter that is not arbitrary and in which they have a legal duty to act.
Who files a writ of mandamus?
Most mandamus petitions in state court are filed by parties seeking to appeal a lower court decision before final judgment, but the writ is prevalent and meaningful in other areas like state administration.
What does mandamus mean?
How much does a writ of mandamus cost?
How Much Does Writ of Mandamus Cost? The cost of filing a petition for writ of mandamus in California is $500, but may vary in other states.
What types of situations require the issuance of a writ of mandamus?
You could file a petition for a writ of mandamus in these situations: To compel the lower court to rule on a motion, such as a post-conviction motion, that was filed a long time ago and no action was taken. To compel a lower court to decide a case that was dismissed for lack of jurisdiction in error.
What are the risks of mandamus?
A litigant filing a petition for a writ of mandamus takes a gamble. If unsuc- cessful, the petitioner risks not only wasting time and effort but also insulting the district court judge by calling into question his or her ability to carry out the basic duties of a judge.
What happens after filing mandamus?
Case Adjudication: In many instances, filing a mandamus lawsuit prompts USCIS to take action on your case and adjudicate it promptly. You may receive a decision on your application or petition, which could result in an approval or denial.
How successful is a writ of mandamus?
Over 90% of Mandamus cases result in a favorable outcome for the applicant. While there is no guaranteed success rate for writs of mandamus, several factors can influence the outcome. These include the jurisdiction, the specific facts of the case, and the skill and experience of your mandamus lawyer.
What is an alternative writ of mandamus?
An alternative writ of mandate is a court order that 1) states the allegations of a complaint against a governmental agency, corporation, court, official, or other public authority and 2) directs the party to either perform a legally obligated action (or cease an activity) at some specified time or show cause before ...
What is an extraordinary remedy?
An extraordinary remedy is a special type of legal solution that is only used in rare and extreme situations where a standard remedy, such as monetary damages or an injunction, cannot adequately address the problem. Examples of extraordinary remedies include writs of mandamus or habeas corpus.
What is a synonym for the word mandamus?
- injunction.
- writ.
- order.
- court order.
- warrant.
- ordinance.
- ordonnance.
- command.
What happens if a writ of mandamus is ignored?
Order Denying Writ of Administrative Mandamus is a Final, Appealable Judgment. The Court of Appeal held that a ruling denying a petition for writ of mandate constitutes the final judgment in the case and triggers the 60-day period for filing an appeal. Meinhardt v. City of Sunnyvale, 76 Cal.
How do you use mandamus examples?
I said that it could be enforced in our courts by the civil sanction of an order of mandamus. The relevant remedy in such a case is surely a mandamus that the case be properly heard and argued. Presumably, he can get an order of mandamus.
What is the lawsuit of mandamus?
A mandamus lawsuit is a civil action that seeks to compel the United States Citizenship and Immigration Services (USCIS) to decide on an adjustment of status application. These suits are filed in federal court, typically after USCIS failed to act promptly or properly.
What is the procedure for mandamus?
- Request the Administrative Record.
- Draft and file the Petition for the Writ. ...
- Serve copies on all parties.
- File the administrative record with the court with a Notice of Lodging.
- File a Notice of Motion for Peremptory Writ of Mandamus.
What is the difference between a writ of mandate and a mandamus?
Mandate refers to the traditional writ, codified in Code of Civil Procedure sections 1085 and 1086, which require the absence of a “plain, speedy, and adequate remedy” as a basis for extraordinary relief. Mandamus refers to the administrative writ, and it is almost always preceded by the modifier administrative.
Can you sue immigration for taking too long?
You may file a legal action against the USCIS to demand that they provide you with an answer to your petition or adjudicate the application if the immigration service is taking longer than normal to make a decision on your case.
What are the grounds for a writ of mandamus?
In New York, a writ of mandamus may be issued for when an administrative agency, public body, or officer fails to perform a duty enjoined upon them by New York Civil Practice Laws & Rules, Section 7803 .
What are the reasons for mandamus?
Mandamus may be employed to require a lower court to enforce the judgment of an appellate court, or to keep such a court from interposing unauthorized obstructions to the enforcement of the judgment of a higher court.
Why is the writ of mandamus unconstitutional?
He then held that the section of the Judiciary Act of 1789 that gave the Supreme Court the power to issue writs of mandamus was not constitutional (because it exceeded the authority allotted to the Court under Article III of the Constitution) and, therefore, was null and void.
What is the meaning of quo warranto?
In the literal sense, quo-warranto means 'by what authority or warrant'. It is issued by the court to enquire into the legality of the claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person.
How to file a mandamus action?
Draft and File the Complaint: If your attorney determines that filing a mandamus lawsuit is appropriate, they will draft a complaint that outlines the specific facts of your case and the relief you are seeking. The complaint will be filed in federal court, and you will need to pay a filing fee.
What is the literal meaning of habeas corpus?
The literal meaning of habeas corpus is "you should have the body". Commonly referred to as "the Great Writ," habeas corpus is most often associated with an action asserting ineffective assistance of counsel by petitioners challenging the legality of their conviction, but there are several other uses.