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mandamus    音标拼音: [mænd'eməs]
n. 命令书
vt. 发训令

命令书发训令

mandamus
n 1: an extraordinary writ commanding an official to perform a
ministerial act that the law recognizes as an absolute duty
and not a matter for the official's discretion; used only
when all other judicial remedies fail [synonym: {mandamus},
{writ of mandamus}]

Mandamus \Man*da"mus\, n. [L., we command, fr. mandare to
command.] (Law)
A writ issued by a superior court and directed to some
inferior tribunal, or to some corporation or person
exercising authority, commanding the performance of some
specified duty.
[1913 Webster]

MANDAMUS, practice. The name of a writ, the principal word of which when the
proceedings were in Latin, was mandamus, we command.
2. It is a command issuing in the name 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 particular thing therein specified, which
appertains to their office and duty, and which the superior court has
previously determined, or at least supposes to be consonant to right and
justice. 20 Pick. 484; 21 Pick. 258; Dudley, 37; 4 Humph. 437.
3. Mandamus is not a writ of right, it is not consequently granted of
course, but only at the discretion of the court to whom the application for
it is made; and this discretion is not exercised in favor of the applicant,
unless some just and useful purpose may be answered by the writ. 2 T. R.
385; 1 Cowen's R. 501; 11 Shepl. 151; 1 Pike, 11.
4. This writ was introduced to prevent disorders from a failure of
justice; therefore it ought to be used upon all occasions where the law has
established no specific remedy, and where in justice and good government
there ought to be one. 3 Burr. R. 1267; 1 T. R. 148, 9.; 2 Pick. 414; 4
Pick. 68; 10 Pick. 235, 244; 7 Mass; 340; 3 Binn. 273; 5 Halst. 57; Cooke,
160; 1 Wend. 318; 5 Pet. 190; 1 Caines, R. 511; John. Cas. 181; 12 Wend.
183; 8 Pet. 291; 12 Pet. 524; 2 Penning. 1024; Hardin, 172; 7 Wheat. 534; 5
Watts. 152; 2 H. & M. 132; 3 H. & M. 1; 1 S. & R. 473; 5 Binn. 87; 3 Conn.
243; 2 Virg. Cas. 499; 5 Call. 548. Mandamus will not lie where the law has
given another specific remedy. 1 Wend. 318; 10 John. 484; 1 Cow. 417;
Coleman, 117; 1 Pet. 567; 2 Cowen, 444; 2 McCord, 170; Minor, 46; 2 Leigh,
165; Const. Rep. 165, 175, 703.
5. The 13th section of the act of congress of September, 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. The issuing of a
mandamus to courts, is the exercise of an appellate jurisdiction, and,
therefore constitutionally vested in the supreme court; but a mandamus
directed to a public officer, belongs to original jurisdiction, and by the
constitution, the exercise of original jurisdiction by the supreme court is
restricted to certain specified cases, which do not comprehend a mandamus.
The latter clause of the above section, authorizing this writ to be issued
by the supreme court, to persons holding office under the authority of the
United States, is, therefore, not warranted by the constitution, and void. 1
Cranch, R. 175.
6. The circuit courts of the United States may also issue writs of
mandamus, but their power in this particular, is confined exclusively to
those cases in which it may be necessary to the exercise of their
jurisdiction. 7 Cranch, R. 504; 8 Wheat. R. 598; 1 Paine's R. 453. Vide,
generally, 3 Bl. Com. 110; Com. Dig. h. t; Bac. Ab. h.t.; Vin. Ab. h.t.;
Selw. N. P. h.t.; Chit. Pr. h.t.; Serg. Const. Index, h.t.; Ang. on Corp.
Index, h.t.; 3 Chit. Bl. Com. 265 n. 7; 1 Kent. Com. 322; Dane's Ab. Index,
h.t.; 6 Watts & Serg. 386, 397; Bouv. Inst. Index, h.t.; and the article
"Courts of the United States."


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  • Mandamus - Wikipedia
    A mandamus is normally issued when an officer or an authority by compulsion of statute is required to perform a duty and that duty, despite a demand in writing, has not been performed In no other case will a writ of mandamus issue unless it be to quash an illegal order
  • mandamus | Wex | US Law | LII Legal Information Institute
    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
  • What Is a Writ of Mandamus and What Is It Used For . . .
    What Is a Writ of Mandamus and What Is It Used For? Learn about the writ of mandamus, a court order compelling a government official to perform a specific, non-discretionary duty when no other legal remedy exists
  • Mandamus Explained: What It Means and How It Really Works
    Definition of Mandamus So, what exactly is mandamus? In legal terms, mandamus is a writ—a formal written order—issued by a court to compel a government official, public authority, or lower court to perform a duty they are legally required to do but have neglected or refused
  • Examples of writ of mandamus: Forcing a government agency to . . .
    A writ of mandamus is a court order compelling a government agency or official to perform an act that is required by law Typically, this writ is sought when an individual believes their request has been unreasonably delayed
  • Understanding the Writ of Mandamus and Its Clear Indisputable . . .
    The writ of mandamus is a powerful court order compelling officials to perform mandatory duties The clear and indisputable right standard ensures only obvious, undeniable rights qualify for mandamus
  • The Writ of Mandamus in State Courts | State Court Report
    Mandamus is an old common law remedy that allows a court to order government officials to perform their public duties When a public official fails to follow the law, it is important that those impacted have efficient recourse
  • The Writ of Mandamus: A Big Picture Overview - The Law To Know
    The purpose of mandamus is to correct an administrative lapse and provide a remedy to individuals who would otherwise lack a means of enforcement against an authority’s inaction Mandamus is typically issued to enforce public duties rather than private rights
  • What Is a Mandamus Action and How Does It Work?
    A mandamus action is a court order compelling a government official, agency, or lower court to perform a specific duty they are legally required to fulfill This is considered an “extraordinary remedy” used only when a public officer has failed to act as required by law





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