This pamphlet provides an overview on the types of writs of mandate, what they are used for, and when a writ of mandate may be sought.
Maine USLegal Pamphlet on Writ of Mandate
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No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. See Amdt14.
A Writ of Habeas Corpus literally translates to bring a body before the court. A writ is an order from a higher court to a lower court or government agency or official. When you file a petition for a Writ of Habeas Corpus, you are asking the court to order the government agency to appear and bring you before the court.
What Is Due Process? Due process is a requirement that legal matters be resolved ing to established rules and principles and that individuals be treated fairly. Due process applies to both civil and criminal matters.
The due process right, established by the Fourteenth Amendment, guarantees that the government cannot take a person's basic rights to ?life, liberty, or property, without due process of law.? The due process right is designed to protect citizens from actions taken by state government, counties, towns, and cities.
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).
In ance with the Constitution of Maine, Article VIII, the Legislature shall enact the laws that are necessary to assure that all school administrative units make suitable provisions for the support and maintenance of the public schools.
Section 6-A. No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of that person's civil rights or be discriminated against in the exercise thereof.