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.
Michigan Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition
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§ 1651(a), provides: ?The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.?
In 1801, when William Marbury petitioned the Supreme Court to issue a writ of mandamus ordering Secretary of State James Madison to deliver his commission as justice of the peace, he initiated one of the most important cases in the Court's his- tory.
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.
The punishment for criminal contempt is 93 days in jail, a maximum fine of $7,500.00, and up to two years of probation. Additionally, a judge can order the person found guilty of contempt to pay attorney fees, costs, or restitution.
In Texas, a petition for writ of mandamus initiates an original appellate proceeding seeking review of a decision (e.g., by a lower court) when the party cannot immediately appeal (i.e., when there is no final judgment and when there is no applicable statute which would allow an interlocutory appeal).
5 U.S. 137, 176 (1803) ( The authority, therefore, given to the supreme court, by the act establishing the judicial courts of the United States, to issue writs of mandamus to public officers, appears not to be warranted by the constitution; and it becomes necessary to enquire whether a jurisdiction, so conferred, can ...
The Judiciary Act (Section 13) The act to establish the judicial courts of the United States authorizes the Supreme Court "to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States."
The Constitution states that the Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first, and only, Court to hear a case.
