Writ Mandamus Form Blank With Blank Phosphates
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How to fill out Petition Or Application For Writ Of Mandamus Or Mandate For Refusal Of Administrative Agency To Act On Petition?
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FAQ
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. United States Dist.
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. Stare decisis. A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle.
A discretionary remedy used in judicial review of administrative action available in the original jurisdiction of the High Court under section 75(v) of the Constitution, in the Federal Court under section 39B(1) of the Judiciary Act 1903 (Cth) and to a limited extent in some state courts.
The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in ance with the law).
The grant of mandamus is therefore an equitable remedy, and a matter for the discretion of the court, the exercise of which is governed by well-settled principles. Mandamus being a discretionary remedy, the application for it must be made in good faith and not for indirect purposes.