Mandamus
Literal meaning: “We command.”
What does the Latin term "Mandamus" mean in law?
Mandamus is an extraordinary writ issued by a superior court commanding a lower court, government official, or public body to perform a mandatory duty or to correct an abuse of discretion amounting to a usurpation of judicial power. A writ of mandamus is a drastic remedy available only when the petitioner has a clear right to the relief sought, the respondent has a clear duty to act, and there is no other adequate remedy available. In federal practice, mandamus is governed by the All Writs Act (28 U.S.C. § 1651) and is used sparingly, typically to confine lower courts to the lawful exercise of their jurisdiction.
Source: Procedure · Legal Latin
Legal Definition
Mandamus is an extraordinary writ issued by a superior court commanding a lower court, government official, or public body to perform a mandatory duty or to correct an abuse of discretion amounting to a usurpation of judicial power. A writ of mandamus is a drastic remedy available only when the petitioner has a clear right to the relief sought, the respondent has a clear duty to act, and there is no other adequate remedy available. In federal practice, mandamus is governed by the All Writs Act (28 U.S.C. § 1651) and is used sparingly, typically to confine lower courts to the lawful exercise of their jurisdiction.
How It's Used
Mandamus is used when discussing extraordinary appellate remedies and the supervisory power of higher courts. It arises in civil procedure and administrative law. Because it is a drastic remedy, courts grant mandamus only in exceptional circumstances.
Example Sentences
The petitioner sought a writ of mandamus to compel the trial judge to transfer the case to the proper venue.
Mandamus was denied because the petitioner had an adequate remedy through the ordinary appellate process.
In Marbury v. Madison, the Supreme Court held that it lacked original jurisdiction to issue a writ of mandamus under Section 13 of the Judiciary Act of 1789.