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.
Kentucky Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition
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477: "The writ of mandamus, as treated of in this chapter, is an order of a court of competent and original jurisdiction, commanding an executive or ministerial officer to perform an act, or omit to perform an act, the performance or omission of which is enjoined by law; and is granted on the motion of the party ...
A writ of mandamus is a remedy that can be used to compel a lower court to perform an act that is ministerial in nature and that the court has a clear duty to do under law. When filing a petition for writ of mandamus, you must show that you have no other remedy available. A writ of mandamus is different from an appeal.
When the court of appeals issues an opinion in a mandamus proceeding, the opinion is challenged by a petition for writ of mandamus filed in the Texas Supreme Court, and the Supreme Court denies the mandamus petition, the subsequent history for the court of appeals opinion is ?mandamus denied.?
A peremptory writ of mandate, or mandamus, is a judicial writ (i.e. order) to any governmental body, government official, or lower court requiring that the they perform an act or cease to act where the court finds that an official law, duty or judgment requires them to do so.
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.
Mandamus: an order requiring a party to do something. If the Court determines that the decision-maker has a duty to do something, but they did not, then the Court may require the decision-maker to fulfil that duty. Prohibition: an order preventing a decision-maker from continuing an unlawful process or action.
A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.
