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.
New York USLegal Pamphlet on Writ of Mandate
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FAQ
A writ of error was a writ of right and would be granted automatically. A writ of certiorari, on the other hand, is a writ of grace and is wholly discretionary with the Supreme Court.
Another example of a writ is the writ of seizure and sale is one example of a writ. When this writ is drafted by a court, it gives the petitioning party the right to take over ownership of a piece of property from someone else.
There are three basic types of writs that a court could employ for that purpose: certiorari, which allows a court to review an inferior tribunal's exercise of discretion; prohibition, which allows a court to arrest the proceedings of an inferior tribunal; and mandate or mandamus, which allows a court to compel an ...
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v. United States Dist. Court For D.C. (2004).
A Petition for Writ of Certiorari is an appellee's formal request to a state Supreme Court or to the Supreme Court of the United States to review a case for error or violation that occurred in a lower court.
A writ of certiorari which is an ancillary remedy issued for an act already done such as to quash a decision. A writ of mandamus which compels the performance of a public duty.
