South Dakota Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency

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Multi-State
Control #:
US-01692BG
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Word; 
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Description

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.

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FAQ

The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).

South Dakota was the first state in the nation to abolish the Rule Against Perpetuities ? which prohibited unlimited-duration trusts ? in 1983, clearing the way for the creation of the Dynasty Trust.

A motion for reconsideration is not a separate and appealable order. Rather, it is ?an invitation to the court to consider exercising its inherent power to vacate or modify its own judgment.? Breeden v. , 598 NW2d 441, 444 ( 1999).

Judicial review is the power of federal courts to review laws of Congress and acts of the executive branch in light of the Constitution, with the possibility that they will rule them to be unconstitutional. The Supreme Court can check the state and local governments through this power as well.

In the United States, politics function within a framework of a constitutional federal republic and presidential system, with three distinct branches that share powers: the U.S. Congress which forms the legislative branch, a bicameral legislative body comprising the House of Representatives and the Senate; the ...

The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system.

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South Dakota Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency