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.
Florida Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition
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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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(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file the petition with the circuit clerk and serve it on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge.
FORMAT OF WRIT PETITION. A. SYNOPSIS AND LIST OF DATES (Specimen enclosed) ... MOST RESPECTFULLY SHEWETH : Facts of the case 2. Question(s) of Law 3. ... C. The Writ Petition should be accompanied by: ... I N D E X. _________________________________________________________________ ... IN THE SUPREME COURT OF INDIA. ORIGINAL JURISDICTION.
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 Supreme Court has the constitutional authority to issue the extraordinary writs of prohibition, mandamus, quo warranto and habeas corpus and to issue all other writs necessary to the complete exercise of its jurisdiction.
The supreme court or any justice may issue writs of habeas corpus returnable before the supreme court or any justice, a district court of appeal or any judge thereof, or any circuit judge.
Whenever a public officer or government has done some act which violates the fundamental right of a person, the Court would issue a writ of mandamus, restraining the public officer or government from enforcing that order or doing that act against the person whose fundamental right has been violated.
The Court does not have jurisdiction under those provisions to review this case. This Court also has discretionary jurisdiction under Article V, Section (3)(b)(8) of the Florida Constitution to issue writs of mandamus directed to state officers and state agencies.
When filing a petition for a writ of mandamus, you must comply with the requirements of Florida Rule of Appellate Procedure 9.100. You must show all of the following: That you have a clear right to relief. That there is an undisputed duty on the lower court.