(Newswire.net — August 30, 2021) —
A writ of mandamus (otherwise known as a writ of mandate) is an order of a court, issued by a judge on the instance of a petitioner’s requests to a government official, corporations, or public authority to properly perform their official and legal duties.
It can also be said to be an order of a superior court to a lower court for the latter to complete a duty in upholding the law or to correct abuse and of which the said the lower court is bound to follow.
The writ of mandamus can be used to order a task to be completed or request for the cease of a task. It is usually obtained through a petition.
In a few words; a writ of mandamus is a court order compelling someone or a government organization to carried out a duty to which they have a legal obligation to complete.
Writ of Mandamus; all you need to know.
A writ is a formal written command or legal instrument in the name of a court or any judicial officer to someone to act or abstain from acting in some way.
As said above, a writ of mandamus is the court order to someone compelling them to do something of which they have the legal duty of doing. It is also used in the authority of a higher court compelling a lower court to follow given steps in ensuring the law is upheld. See here to get professional help with Writ of Mandamus.
When can a writ of mandamus be ordered?
A writ of mandamus can be made before completing the full judicial process i.e before the completion of a case. Though, they are unique but are rarely used as they require the petitioner to prove that there are no other remedies to the situation at hand and that someone somewhere is suffering a great injustice or and harm by the refusal of another in complying with the law.
It is deemed necessary when the action or inaction of a government body or corporate officials are in tandem to constituting harm (which may otherwise be avoided) if an agency’s steps are not taken to restrain them.
Most judges prefer not to issue writs unless they are deemed very necessary due to the disruption writs cause to the legal process.
Writ of mandamus is applicable in a situation or cases whereby it is obvious that someone is owed a specific right but there are no legal remedies available for enforcing such right.
Types of Writs of Mandamus
Alternative Mandamus
An alternative mandamus is the first step in the process of issuing a writ of mandamus. The alternative mandamus commands the defendant to perform such activities as demanded by the petitioner or risk appearing in court to give a reason why such action is not been perform.
Peremptory Mandamus
A peremptory mandamus is issued when the defendant has failed to prove or give sufficient reasons for his inability to carry out a particular duty as obligated from him. It is a final order of the court and an absolute one per se. It is the definite command given to a defendant to perform a duty immediately.
Continuing Mandamus
Generally, even when the court has given directions to be followed in a Writs of Mandamus, the case is not immediately let off. It is a stage whereby the court will assume a supervisory role, while the writ of mandamus remains pending, the court will ensure its commands are being followed to the letter.