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| | Mandamus |
 | | Issuing a writ of mandamus is discretionary with the court. | | | Normally, mandamus is filed first in the circuit court before a circuit judge, although it may originally be filed in an appellate court if the actions of a circuit judge or a state officer are involved. | | | Mandamus cannot be used to compel an official to perform a discretionary act or tell him how to decide an issue, but it may be used to compel him to exercise his discretion and make a decision. |
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http://www.mobar.org/handbook/mandamus.htm
(430 words)
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| | Texas Judiciary - Court of Criminal Appeals Opinion #WR-20,423-05 |
| | Discretionary review of a court of appeals' decision to issue a writ of mandamus is not authorized, but this court may issue its writ of mandamus to overturn a court of appeals' mandamus decision. | | | This court held in 1987 that the 1983 act gave the courts of appeals mandamus jurisdiction in criminal law matters that is concurrent with this court's jurisdiction. | | | Between 1977 and 1981 this court was, not only the court of first resort for a writ of mandamus against a district judge, but also the court with first and exclusive jurisdiction of appeals in criminal cases. |
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http://www.cca.courts.state.tx.us/opinions/2042305.htm
(1042 words)
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| | WRIT OF MANDAMUS - LoveToKnow Article on WRIT OF MANDAMUS |
| | Specific Performance.The jurisdiction of the High Court, derived from the court of chancery, to decree specific performance of contracts has some resemblance to mandamus in the domains of public or quasi-public law. | | | And in the various states mandamus is used under varying regulations, mandate being in some cases substituted as the name of the proceeding. | | | Mandatory Injunction.The High Court has a jurisdiction derived from the court of chancery to grant injunctions at the suit of the attorney-general or of private persons. |
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http://99.1911encyclopedia.org/M/MA/MANDAMUS_WRIT_OF.htm
(888 words)
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| | Mandamus - Wikipedia, the free encyclopedia |
| | A writ of mandamus or simply mandamus, which means "we order" in Latin, is the name of one of the prerogative writs in the common law, and is a court order directing someone, most frequently a government official, to perform a specified act. | | | The power of the Supreme Court of the United States to issue a writ of mandamus was the controversy that led the Court to delve into the much more significant issue of judicial review in the famed case of Marbury v. | | | In the administrative law context in the United States, the requirement that mandamus can be used only to compel a ministerial act has largely been abandoned. |
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http://en.wikipedia.org/wiki/Mandamus
(407 words)
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| | 99-1432 |
| | The issue raised involves the propriety of a writ of mandamus issued by the chancery court to restrain counsel for DFA from representing the State of Arkansas before the United States Supreme Court. | | | The stated prayer for relief in the mandamus petition was to prevent DFA's counsel from representing the State in the case before the United States Supreme Court. | | | Mandamus -- chancery court lacked subject-matter jurisdiction to issue writ -- writ dissolved. |
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http://courts.state.ar.us/opinions/2000a/20000113/99-1432.html
(1460 words)
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| | Civil Resource Manual 215 Mandamus |
| | Holder, 379 U.S. Mandamus may be employed to require a lower court to enforce the judgment of an appellate court, or to keep such a court from interposing unauthorized obstructions to the enforcement of the judgment of a higher court. | | | Mandamus may be appropriately issued to confine an inferior court to a lawful exercise of prescribed jurisdiction, or when there is an usurpation of judicial power. | | | Where the right was clear and indisputable, mandamus issued to compel a lower court to release a boat under an assertion of the immunity of a foreign sovereign. |
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http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title4/civ00215.htm
(491 words)
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| | [No title] |
| | Mandamus issues to compel performance of a ministerial duty imposed by law and not involving the exercise of a discretion. | | | (a) The Superior Court may issue a writ of mandamus in any case in which a writ of mandamus may by law be granted, and may proceed therein and render judgment according to rules made by the judges of the Superior Court or, in default thereof, according to the course of the common law. | | | Writ of mandamus is a prerogative writ which will issue only to enforce a clear legal right where the person against whom it is directed is under a legal obligation to perform the act commanded. |
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http://www.cga.ct.gov/2001/pub/Chap918.htm
(1671 words)
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| | SPBR Case Law Archive -- Appellate Procedure & Review: Mandamus |
| | Mandamus is a proper remedy for the reinstatement of members of the classified civil service who tendered their resignations upon certain terms and conditions which the appointing authority was found to have violated. | | | Mandamus is a proper remedy to compel employers to reinstate employee when there was no authority to remove the employee; but, mandamus will be denied when a necessary party is not a party to the action nor has yet had an opportunity to act in the matter of the employee's discharge. | | | Mandamus is a proper remedy to compel reinstatement after coerced resignation when employee's resignation was not a voluntary one and the action of the board in accepting the resignation could reasonably be considered to be the order of removal from which an appeal could be taken pursuant to R.C. State, ex rel. |
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http://pbr.ohio.gov/mandamus.htm
(1482 words)
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| | [No title] |
| | Madden cannot demonstrate that a writ of mandamus is warranted. | | | Ronald Madden petitions this Court under 28 U.S.C. § 1651(a) for a writ of mandamus requiring the district court to promptly act upon his request for habeas corpus relief. | | | Neither is a writ of mandamus an "appeal." In the context of the PLRA, the word "appeal" clearly means the appeal of a civil action. |
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http://vls.law.vill.edu/Locator/3d/Dec1996/96a1465p.txt
(1848 words)
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| | [No title] |
| | A petition for a writ of mandamus filed with an appellate court is not required to be verified. | | | The petition for a writ of mandamus filed in this Court is denied on the ground that the petition for a writ of mandamus filed in the Talladega County Circuit Court was not verified by affidavit as required by § 6-6-640(a), Ala. | | | The petition for a writ of mandamus filed by Ackles in the Talladega County Circuit Court was not verified by affidavit. |
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http://www.wallacejordan.com/decisions/Opinions2002/1001294.htm
(222 words)
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| | Michigan Appellate Digest - 142142 Musselman v Governor |
| | Before a court will order mandamus relief, a plaintiff must establish: (1) a clear legal right to performance of the specific duty sought to be compelled, (2) that the defendant has a clear legal duty to perform the act, and (3) that the act to be compelled is ministerial. | | | Mandamus will not lie to compel the Governor to act, regardless whether the actions sought to be compelled are discretionary or ministerial. | | | Mandamus is an extraordinary remedy and is appropriate only when there is, in practical terms, no other remedy which might achieve the same result. |
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http://courtofappeals.mijud.net/Digest/newHTML/14214221.htm
(444 words)
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| | DCBA Brief, October 1999 Issue - Mandamus Actions in Illinois |
| | Several Illinois courts have stated that to sustain a mandamus action, the duty breached must be ministerial. | | | Similarly, where plaintiffs requested a writ of mandamus ordering the Village of Antioch to enforce its nuisance ordinance to force railroads to stop sounding their train horns, the court held that the duty to enforce ordinances was subject to the prosecutor’s discretion and therefore the plaintiffs were not entitled to the writ. | | | Perhaps the most unclear issue in the context of mandamus petitions is whether they may be used to compel public officials to uphold the petitioner’s constitutional rights. |
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http://www.dcba.org/brief/octissue/1999/art61099.htm
(1714 words)
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| | WD61185: State of Missouri ex rel., Rhonda McNeal Mason and Melinda Clark-Sann, Relators, v. County Legislature, ... |
| | Mandamus is one of several extraordinary remedies available to the judiciary to administer justice. | | | Additionally, mandamus is not the proper remedy where Relators seek adjudication for alleged violations of the federal and state constitutions where Relator Mason does not satisfy the legally articulated requirements for candidacy and her declaration of candidacy was refused. | | | Mandamus is a discretionary writ, and no right exists to have the writ issue. |
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http://www.osca.state.mo.us/courts/pubopinions.nsf/e53581bdd14e64858625661f004bc8fd/b1d3dcb97e3c7c2586256bc300618351?OpenDocument
(2083 words)
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| | Mandamus Example |
| | This action seeks the Court to issue a writ of mandamus compelling the Winston-Salem VARO to render a Statement of the Case or in the alternative, to pay the veteran as he should be paid. | | | He requests that the Court issue a writ of mandamus compelling the RO to render a rating decision on his request for convalescent benefits so that he may pursue the appellate process, should that be necessary. | | | A writ of mandamus is a drastic remedy, one to be invoked in only extraordinary circumstances. |
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http://www.hadit.com/library/law/mandamusexample001.htm
(2802 words)
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| | OSCN Found Document:REISINGER v. HURST |
| | On a petition for writ of mandamus to require a district judge to enter a judgment in conformity with a mandate of this court, this court will examine the judgment rendered by the trial court, and if it substantially conforms to the mandate of this court, the writ of mandamus will be denied. | | | This court will not issue a writ of mandamus to a trial court directing it how to determine the issues in a cause pending in that court. | | | Under our Code of Civil Procedure "mandamus" is a special proceeding, addressing itself to the equity powers and conscience of a court or judge, for the enforcement of a clear legal right, for which the law provides no adequate remedy. |
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http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=34026
(610 words)
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| | TITLE 1: CHAPTER 30 - MANDAMUS |
| | In all other cases an alternative writ must first be issued on the allowance of the court, or a judge thereof. | | | The provisions of W.S. 1‑30‑116 and 1‑30‑117 shall not be construed to limit the power of the court to carry its order and judgment into execution or to punish any officer named therein for contempt or disobedience of its orders or writs. | | | County treasurer to levy and assess tax upon mandamus; powers of court. |
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http://legisweb.state.wy.us/statutes/titles/title01/chapter30.htm
(734 words)
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| | [No title] |
| | Respondents stated that the court's action on the merits of the writ of mandamus was a final decision practically disposing of the case under NMSA 1978, § 39-3-2 (1966). | | | Although the district court may have determined to grant the writ of mandamus, this determination incorporated into a judgment is not a final judgment reviewable on appeal. | | | We hold that the order granting the peremptory writ of mandamus is not final and remand to the district court. |
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http://www.supremecourt.nm.org/pastopinion/VIEW/04ca-128.html
(1423 words)
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| | Mandamus |
| | In administrative mandamus, a writ is authorized when there is an abuse of discretion, which "is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence." CCP Section 1094.5(b). | | | There are two separate lines of cases on whether a given case is properly brought under administrative or traditional mandamus: cases that turn on whether the underlying action was quasi-legislative or quasi-adjudicatory, and cases that turn on the nature of the proceedings. | | | The Sierra Club court stated that the portion of the Schaeffer Land Trust opinion dealing with mandamus was incorrect since it was "in conflict with the Supreme Court Opinion in Laurel Heights..." Id. |
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http://www.rbeerslaw.com/mandamus.html
(2052 words)
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| | Writ of Mandamus used so no injustice goes unopposed -- common nuisance. |
| | Mandamus is a command issuing in the names of the sovereign authority from a superior court having jurisdiction, and is directed to some person, corporation, or, inferior court, within the jurisdiction of such superior court, requiring them to do some particula | | | The circuit courts of the United States may also issue writes of mandamus, but their power is this particular is confined exclusively to those cases in which it may be necessary to the exercise of their jurisdiction. | | | The 13th section of the act of congress of Sept. 24, 1789, gives the Supreme Court power 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. |
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http://www.lotusbirth.com/doc/FEB2003Lotusbirth-177.htm
(619 words)
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| | Texas Judiciary Online - HTML Opinion |
| | An appeal from an original proceeding for a writ of mandamus initiated in the trial court is treated differently from an original proceeding for a writ of mandamus initiated in a court of appeals. | | | Further, a party is entitled to mandamus relief to compel a public official to perform a ministerial act. | | | Therefore, while the district court’s jurisdiction is not used to substitute its discretion for that of the public official, the performance of a clear statutory duty that is ministerial and nondiscretionary should be mandated by the district court. |
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http://www.1stcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=78787
(2040 words)
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| | 04-620 |
| | Mandamus is an appropriate remedy only when a public officer is called upon to do a plain and specific duty, which is required by law. | | | Because petitioner filed the instant petition for writ of mandamus approximately four weeks after the date for the parties to answer the summonses issued, the mandamus petition is denied. | | | Moreover, respondent appended to his response to themandamus action a copy of summonses issued by the circuit clerk's office to the parties to the petition for declaratory judgment; thus, there had been no prejudice to petitioner with respect to the issuance of summonses in the matter. |
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http://courts.state.ar.us/unpublished/2004b/20040916/04-620.html
(428 words)
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| | Holroyd v. Montgomery Cty., (03-1472) 12/21/2004 |
| | The mandamus statute was amended significantly in 1872, eliminating the early language which provided limited grounds for damages in cases of false returns, but ensuring an expeditious determination by the court. | | | “Mandamus will not lie unless the party seeking the writ has a clear legal right to the performance of the act sought to be enforced, and the party to be coerced is under a positive legal obligation to do what he is asked to be made to do.” See Steele v. | | | A number of jurisdictions permit an award of damages in a writ of mandamus, but such damages are solely authorized by state statutory codes. |
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http://www.aoc.state.nc.us/www/public/coa/opinions/2004/031472-1.htm
(2391 words)
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| | 03-4120 -- Armstrong v. Cornish -- 05/27/2004 |
| | By filing his petition for writ of mandamus in the district court, Armstrong availed himself of the jurisdiction of that court. | | | Mandamus is a drastic remedy, which is to be used only in extraordinary situations. | | | Armstrong did not pay a filing fee for his mandamus petition, and in an order dated April 25, 2003, the district court dismissed the mandamus petition for failure to pay the filing fee. |
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http://www.kscourts.org/ca10/cases/2004/05/03-4120.htm
(1472 words)
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| | Converted WP file 25054 |
| | Among the errors assigned was the circuit court's failure to dismiss the petition for writ of mandamus on the basis that the appellee had not exhausted the grievance procedure. | | | This case is before this Court upon an appeal from an order granting mandamus relief entered by the Circuit Court of Lincoln County on August 26, 1997. | | | Shortly thereafter, on August 26, 1997, the circuit court issued its decision granting mandamus relief. |
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http://www.state.wv.us/wvsca/DOCS/Fall98/25054.htm
(1633 words)
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| | Writ of Mandamus |
| | Mandamus is warranted when the abuse is clear or results in a manifest injustice, Reis V. Nangle 349 S.W.2d 943. | | | Mandamus will lie when an official refuses to act when he has a duty to act and refuses to do so. | | | Petition for Writ of Mandamus or in the Alternative, a Writ of Prohibition |
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http://www.plf.net/motions/wofmamdamamus.htm
(723 words)
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| | Relating to the Supreme Court; creating new provisions; and amending ORS 9.250. |
| | If a combined peremptory writ of mandamus and an appellate judgment issue, the relator need not file proof of service of the writ with the court, and the judge or court to which the writ is issued need not file a return showing compliance with the writ. | | | The provisions of this section do not apply to the exercise of the Supreme Court's original jurisdiction in mandamus proceedings that challenge the administrative action of a judge or court, or that challenge other action of a judge or court that is of an institutional nature. | | | The State Court Administrator shall mail copies of the Supreme Court's order and alternative writ of mandamus to the relator, to the adverse party, to any intervenor, and to the judge or court whose action is challenged in the petition. |
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http://www.leg.state.or.us/97reg/measures/sb0200.dir/sb0274.en.html
(812 words)
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| | Gannon v. Virginia State Corporation Commission 1992 Va FOIA Ruling |
| | Mandamus is an extraordinary remedy which may be used to compel a public official to perform a duty which is purely ministerial and which is imposed upon the official by law. | | | Because mandamus is an extraordinary remedy, Gannon is required to avail himself of his "specific and adequate remedy" under the Commission's Rules before seeking a writ of mandamus in this Court. | | | A writ of mandamus is an extraordinary remedial process, which is not awarded as a matter of right but in the exercise of a sound judicial discretion. |
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http://www.opengovva.org/opinions/gannon.htm
(912 words)
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| | Petition for a Writ of Mandamus |
| | A writ of mandamus is a summary writ issuing from the proper court, commanding the official board to whom it is addressed to perform some specific legal duty to which the party applying for the writ is entitled of legal right to have performed. | | | Mandamus is a remedy for (administrative) INACTION and is not available where action has already been taken. | | | seeking a writ of Mandamus compelling the Attorney General to investigate civil rights violations by the Mass. |
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http://billstclair.com/LindaHamilton/mandamus.html
(600 words)
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| | Haynes Boone KnowledgeConnect Nuts and Bolts of Mandamus Procedure |
| | However, there were also many mandamus petitions that were denied not on the merits, but because the party seeking the mandamus failed to prepare a proper mandamus petition, or failed to provide an adequate record, or made some other procedural mistake. | | | It was my experience as a staff attorney at the Texas Supreme Court that most mandamus petitions are denied on the merits, that is, because the relator fails to demonstrate one or the other of these two prongs (clear abuse of discretion, or lack of an adequate appellate remedy). | | | Thus, the standard for when the writ is available is very difficult to meet – appellate courts will issue a writ of mandamus only when the trial court has committed a clear abuse of discretion for which there is no adequate appellate remedy. |
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http://www.hayboo.com/knowledge/knowledge_detail.asp?groupid=all&page=pubs&pubid=428
(379 words)
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| | 98-71501 Rational Software Corp v USDC ND Calif [re 97cv21001] - 12/18/98 Writ of Mandamus Petition |
| | Because the District Court's ruling is contrary to the intent of Congress in enacting the Reform Act, and because this is an issue of first impression relating to an important federal statute, petitioners respectfully request that the Court exercise its jurisdiction under the All Writs Act. | | | This Court has previously issued a writ of mandamus directing a district court to respect Congress's mandatory stay of discovery pending motions to dismiss a securities class action. | | | PAUL D. Petitioners are aware of no cases currently pending before this Court that may be deemed "related" to this petition for writ of mandamus pursuant to Circuit Rules 21-3 and 28-2.6. |
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http://securities.stanford.edu/1008/RATL97/1101.htm
(4857 words)
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| | Relating to mandamus proceedings on land use application; creating new provisions; and amending ORS 34.120, 34.130, ... |
| | (1) The relator shall file a petition for a writ of mandamus with the clerk of the court or court administrator. | | | Upon filing a petition under ORS 34.130, jurisdiction for all decisions regarding the application, including settlement, shall be with the circuit court. | | | { - (b) The applicant may apply in the circuit court of the county where the application was filed for a writ of mandamus to compel the governing body or its designee to issue the approval. |
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http://www.leg.state.or.us/99reg/measures/sb0400.dir/sb0440.a.html
(4453 words)
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| | law.com - Texas Supremes Deny Republicans' Mandamus Writ |
| | Dewhurst says in a written statement that the court's denial of the mandamus writ clarifies that the issue is a legislative matter that only legislators can resolve. | | | The state Supreme Court's action on Monday came about 2 1/2 hours after the Democrats argued in a response to the Republican leaders' petition that the state's highest civil court lacks jurisdiction to consider such a mandamus. | | | Charles "Chip" Babcock, another attorney representing the Democrats, says the term "officer of state government" includes executive officers, such as the governor, and heads of state departments. |
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http://www.law.com/jsp/article.jsp?id=1059980459201
(869 words)
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| | Oregon Judicial Department - Publications |
| | The language of this statute clearly provides that mandamus may be used to compel a court or a board to perform a duty, but may not be used to control judicial--or board-- discretion. | | | When the Supreme Court concludes that a defendant in a mandamus proceeding does not have the mandatory duty that the relator claims, it does not decide that the issue is not a proper subject for mandamus; it simply dismisses the alternative writ. | | | One factor that the courts have given significant consideration in determining whether a statute imposes a mandatory ministerial duty or requires an act of discretion is whether the statute authorizing the defendant to take an action is phrased permissively ("may") or imperatively ("must"). |
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http://www.publications.ojd.state.or.us/A96535.htm
(1313 words)
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| | The Hindu : HC order of `mandamus' set aside |
| | "The duty that may be enjoined by mandamus may be one imposed by the Constitution, a statute, common law or by rules or orders having the force of law''. | | | Allowing an appeal from the State, the Bench, which included Justices S.N. Phukan and S.N.Variava, cautioned that though the powers of the High Courts under Article 226 (writ jurisdiction) are discretionary and no limits can be placed upon their discretion, it must be exercised along recognised lines and subject to certain self-imposed limitations. | | | "The High Court, in exercise of power of issuance of `mandamus', could not have said anything contrary to that (laid down by the Apex Court in Venkatagiri case) on the ground that the earlier judgment in favour of the respondents became final, not being challenged''. |
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http://www.hinduonnet.com/2002/04/07/stories/2002040700221200.htm
(182 words)
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| | Section 386-360 Commission to investigate mandamus or i |
| | Such relief shall not be limited to permanent forms of mandamus and injunction, but shall include all available forms of injunction and mandamus, including temporary restraining orders, preliminary injunctions, permanent injunctions, preliminary orders of mandamus, and permanent orders of mandamus. | | | It shall thereupon be the duty of the court to specify the time, not exceeding thirty days after service of a copy of the petition, within which the public utility, person, municipal gas system or corporation complained of, must answer the petition in cases where an answer is contemplated by Missouri Rules of Court. | | | The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that a writ of mandamus or an injunction, or both, issue as prayed for in the petition or in such modified or other form as the court may determine will afford appropriate relief. |
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http://www.moga.state.mo.us/statutes/C300-399/3860000360.HTM
(308 words)
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| | Response of the United States in Opposition to Petition for a Writ of Mandamus |
| | The United States' response in opposition to Bell Atlantic's prior mandamus petition describes the background of the decree and the procedures established by the district court for BOC line-of-business waiver requests. | | | This Court should deny the petition for a writ of mandamus. | | | They apparently hoped that expedited judicial rulings on the eve of enactment would allow them, under the legislation's "grandfather clause," to engage in unspecified activities prohibited by the decree that otheriwse would continue to be prohibited by the legislation. |
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http://www.usdoj.gov/atr/cases/f0500/0519.htm
(1645 words)
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| | The Missouri Supreme Court Denies Mandamus, Oct. 18, 1996 |
| | I, THOMAS F. SIMON, Clerk of the Supreme Court of the State of Missouri, certify that the foregoing is a full and complete transcript of the judgment of said Supreme Court, entered of record at the September Session thereof, 1996, and on the 18th day of October, 1996, in the above entitled cause. | | | This misconduct under color of law goes to show that neither the Missouri Supreme Court nor the Missouri court system can be trusted to independently judge the validity of laws, nor anything which threatens the Missouri government's interests at all. | | | There would be no valid legal reason to keep me off the ballot. |
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http://users.mo-net.com/mlindste/no101896.html
(614 words)
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| | Petition for Writ of Mandamus - September 18, 1990 |
| | For the Court's convience a proposed Writ is attached. | | | Therefore plaintiffs hereby move this Court to issue a Writ of Mandamus in order to compel defendants' to return plaintiff's flags to her possession. | | | Upon consideration of plaintiffs' Motion for a Writ of Mandamus, defendants' opposition thereto, and the entire record of this case, this day of September, 1990, plaintiffs motion is hereby GRANTED, with the mandate that: |
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http://www.prop1.org/legal/883130/900918.mandamus.htm
(273 words)
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| | X. ARGUMENT. McVEIGH PETITION FOR WRIT OF MANDAMUS - MARCH 25, 1997 |
| | Upon an adequate showing, this court has held that it has the "power and inescapable duty," whether under the all writs statute, 28 U.S.C. 1651, or under its inherent powers of appellate jurisdiction, to "effectuate what seems to us to be the manifest ends of justice." 354 F.2d at 657 (quoting United States v. | | | Holland, 346 U.S.379 (1953), the Court held that when a petitioner can show either an usurpation of power or a clear abuse of discretion, the right to mandamus is clear and indisputable. | | | denied, 362 U.S. The remedy of mandamus is a drastic one that should be invoked only in extraordinary circumstances. |
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http://www.fas.org/irp/threat/mcveigh/part10.htm
(3550 words)
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| | OSCN Found Document:STATE ex rel. SHEPARD v. CROUCH |
| | The writ was by the trial court denied. | | | When the question of the right or title to an office is put in issue, mandamus is not the form of action, the appropriate remedy being an action in the nature of a quo warranto; nor will mandamus lie, when two persons claim the same duty adversely to each other, against a third party. | | | thereupon brought mandamus to compel the payment of the funds by the treasurer to him. |
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http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=9289
(462 words)
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| | New Page 2 |
| | You must always keep in mind that a Writ of Mandamus is an extraordinary petition and that a number of key legal points MUST be present to have any chance of getting one. | | | You must understand that MOST Mandamus petitions, even those filed by attorneys, fail. | | | However, the goal is not always to win in Court. |
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http://www.vetsforjustice.com/Vethelp3.htm
(306 words)
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| | March 16, 2005 Press Release - CompTel/ALTS Applauds Dismissal of Bell Mandamus Petition |
| | The Court concluded that the mandamus filings by the Bells were moot, and that the Bells could pursue judicial remedies through the normal appeals process. | | | Background: The U.S. Court of Appeals for the D.C. Circuit today issued an order dismissing the mandamus filings of the Bell companies that challenged the FCC's interim UNE rules adopted in August 2004 and permanent UNE rules adopted in December 2004. | | | "CompTel/ALTS applauds the D.C. Circuit for dismissing these improper mandamus petitions. |
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http://www.comptelascent.org/news/recent-news/031605.html
(295 words)
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| | Mandamus |
| | "The extraordinary remedy of mandamus is available to compel the performance of an act which the law especially enjoins as a duty resulting from office. | | | "Mandamus is an appropriate remedy when discretion is exercised arbitrarily or capriciously. | | | "We have previously held, moreover, that such abuse is properly corrected by a writ of mandamus." |
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http://www.nevadaindex.com/mandamus.htm
(177 words)
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| | Appellate Law & Practice: Fifth Circuit, mandamus and capital C Court! |
| | In re United States, a wild mandamus opinion decided 1/12 and revised today, arose out of the murder prosecution for the death of nineteen illegal aliens being smuggled in a truck trailer near Victoria, Texas. | | | Listed below are links to weblogs that reference Fifth Circuit, mandamus and capital C Court! | | | Your link for In re United States pulls up a different case, American Guarantee and Liability Ins. |
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http://appellate.typepad.com/appellate/2005/02/_fifth_circuit_.html
(320 words)
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| | Writ of Mandamus |
| | This Court issue instanter its pre-preemptive writ of mandamus directing the parties to appear before this honorable Court and provide immediately the information requested in Exhibit "A". | | | The Plaintiff believes that the defendants will attempt to defy or circumvent this Court’s order to avoid compliance and, therefore, requests this Court to exercise continuing jurisdiction in this matter to its conclusion. | | | Furthermore, Title 28 CNCA Paragraph 4 mandates the Plaintiff to bring this action. |
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http://www.yvwiiusdinvnohii.net/Cherokee/News/Jan98/CPA980109c.htm
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| | mandamus - legal definition |
| | Latin for "we command." A writ of mandamus is a court order that requires another court, government official, public body, corporation or individual to perform a certain act. | | | For example, after a hearing, a court might issue a writ of mandamus forcing a public school to admit certain students on the grounds that the school illegally discriminated against them when it denied them admission. | | | A writ of mandamus is the opposite of an order to cease and desist, or stop doing something. |
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http://www.nolo.com/definition.cfm/term/92F8F6E0-FFAC-49AA-9357675434EF580A
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| | [No title] |
| | Or a state agency refuses to release public information, a school district charges fees to a student in violation of state law, or a judge will not permit reporters entry at a public trial. | | | All of these can be subject of petitions for a writ of mandamus. |
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http://dictionary.law.com/definition2.asp?selected=1203&bold=
(155 words)
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| | List of Cases By Subject -- Mandamus |
| | Seventh Circuit Grants Mandamus, In the Matter of Rhone-Poulenc Rorer Inc., [94-3912] 51 F.3d 1293 (7th Cir. | | | Remedy For State Trial Court's Failure To Provide Transcripts Is Mandamus To State Appellate Court, In re Campbell, [01-2926] 264 F.2d 730 (7th Cir. | | | Petitions for Mandamus Seeking Local Discovery Decision in MDL Proceeding Denied, Matter of Orthopedic Bone Screw Products Liability Litigation, [96-1268] 79 F.3d 46 (7th Cir. |
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http://home.earthlink.net/~astern2/Subjects/Mandamus.htm
(144 words)
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| | Business Wire: Mandamus Fastigheter: Mandamus A Partner in Han... @ HighBeam Research |
| | In partnership with Lansforsakringar's life insurance company and the Federation of Swedish Farmers (LRF), Mandamus Fastigheter AB has formed a consortium to acquire residential properties in Haninge, a southern suburb of Greater Stockholm. | | | Mandamus' participation in the Haninge purchase is the first time this company has joined in making an acquisition through a consortium. | | | Each of the consortium partners is contributing a third of the consortium's capital deposit. |
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http://www.highbeam.com/library/doc0.asp?DOCID=1G1:74214085&refid=holomed_1
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| | ILW.COM - The ABCs of Immigration - Bringing Mandamus Suits against the INS |
| | In these cases, there is ultimately only one action that the aggrieved party can take — to sue the INS. | | | This type of lawsuit is commonly known as “mandamus,” which is short for filing a writ of mandamus. | | | It is important to note that mandamus is not used to force the INS to reach a favorable result, but only to take action that it is legally obligated to take. |
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http://www.ilw.com/lawyers/articles/2002,0207-Siskind.shtm
(1375 words)
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