Mandate In Court Definition
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FAQ
Mandate (aka ?Mandamus,?) is an "extraordinary" remedy provided by a court. sitting in equity. In a mandate proceeding, the petitioner asks the superior or appellate court to direct an inferior judicial or administrative body to do something.
Upon issuance of the mandate, the jurisdiction of the court of appeals over the case terminates, and the district court acquires jurisdiction to implement the mandate. The trial court record will be returned to the clerk of that court once the mandate has issued.
In appellate cases, a mandate is the document by which the appellate court formally notifies the lower court of its decision and by which jurisdiction for any necessary additional proceedings is conferred upon the lower court.
The mandate rule, a corollary to the law of the case doctrine, requires judicial and administrative bodies to comply with the mandate of the appellate courts that reviewed their orders.
The most prominent examples of congressional mandates are environmental regulations, such as the Clean Air and Clean Water Acts, which require state governments to enforce certain prescribed standards.