Mandamus

Common card · No. 248799

A writ of mandamus (; lit. ''we command'') is a judicial remedy in common law jurisdictions consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing. Writs of mandamus are usually used in situations where a government official has failed to act as legally required or has taken a legally prohibited action. Decisions that fall within the discretionary power of public officials cannot be controlled by the writ. For example, mandamus cannot force a lower court to take a specific action on applications that have been made. However, if the court refuses to rule at all, then mandamus can be used to order the court to rule on the applications. Mandamus may be a command to take or not take a particular action, and it is supplemented by legal rights. In the American legal system, it must be a judicially enforceable and legally protected...

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