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.
Oregon Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition
Instant download
Description
Free preview
How to fill out Petition Or Application For Writ Of Mandamus Or Mandate For Refusal Of Administrative Agency To Act On Petition?
If you wish to full, down load, or print legal papers templates, use US Legal Forms, the greatest variety of legal types, which can be found on the Internet. Make use of the site`s simple and convenient search to discover the paperwork you require. A variety of templates for company and specific functions are categorized by types and claims, or keywords and phrases. Use US Legal Forms to discover the Oregon Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition in a couple of mouse clicks.
When you are presently a US Legal Forms client, log in to the accounts and then click the Obtain button to get the Oregon Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition. You may also accessibility types you in the past downloaded in the My Forms tab of your own accounts.
If you use US Legal Forms initially, follow the instructions below:
- Step 1. Ensure you have selected the shape for the appropriate metropolis/region.
- Step 2. Make use of the Preview option to look through the form`s articles. Never neglect to read through the information.
- Step 3. When you are unsatisfied using the kind, utilize the Research field near the top of the screen to find other versions in the legal kind design.
- Step 4. After you have located the shape you require, select the Buy now button. Opt for the pricing plan you favor and include your qualifications to register on an accounts.
- Step 5. Method the deal. You may use your charge card or PayPal accounts to complete the deal.
- Step 6. Find the formatting in the legal kind and down load it on the gadget.
- Step 7. Full, modify and print or signal the Oregon Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition.
Each legal papers design you buy is the one you have for a long time. You may have acces to each and every kind you downloaded within your acccount. Click on the My Forms section and choose a kind to print or down load yet again.
Compete and down load, and print the Oregon Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition with US Legal Forms. There are many specialist and status-particular types you can use for your personal company or specific needs.
Form popularity
FAQ
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.
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.
Mandate refers to the traditional writ, codified in Code of Civil Procedure sections 1085 and 1086, which require the absence of a ?plain, speedy, and adequate remedy? as a basis for extraordinary relief. Mandamus refers to the administrative writ, and it is almost always preceded by the modifier administrative.
A writ is a directive from this court to a trial court, an administrative agency, or a person to do something or to stop doing something. Unlike appeals, which are heard as a matter of right, writ petitions are generally heard as a matter of discretion, and they are governed by equitable principles.
What is a writ of mandamus? Under ORS 34.110 and Or Const, Art VII, § 2, the Oregon Supreme Court may issue writs of mandamus to inferior courts to compel acts that are required by law. Framed slightly differently, a writ's only purpose is to enforce established rights and duties imposed by the law.
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.
Writs of Administrative Mandate (Mandamus) are used to ask a Superior Court to review a decision made by an administrative agency of the government, such as for example the Workers' Compensation Appeal Board, or the Department of Motor Vehicles (DMV). It is not a trial.
A traditional writ of mandate is available to challenge an agency's failure to follow its legal obligation or ministerial duty. Unlike administrative mandate, traditional mandate cannot be used to review decisions that result from an adjudicatory process or an administrative hearing.