Legal Dictionary
Mandamus
Definition
A judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty.
Deep Dive
Mandamus is a specific type of judicial writ issued by a superior court commanding a lower court, tribunal, public authority, corporation, or public official to perform a particular public or statutory duty that they are legally obligated to perform. It is an extraordinary remedy, meaning it is usually issued only when no other adequate legal remedy is available to compel the performance of the duty. The purpose of mandamus is to ensure that public officials and bodies fulfill their responsibilities to the public and that justice is served.
Examples & Use Cases
- 1A court issues a writ of mandamus compelling a government agency to release public records as requested under freedom of information laws.
- 2A higher court orders a lower court to hear a specific case that it had previously refused to consider.
- 3A judge issues a writ of mandamus directing a city planning commission to process a permit application they were legally obligated to review.
Related Terms
WritInjunctionJudicial Review