Writ Of Mandate Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Writ Of Mandate, written in plain English, along with examples of how it is used.

What is Writ Of Mandate?

(n) Writ of mandate popularly known as mandamus is defined as the order issued by a court to a statutory authority including subordinate courts directing them to rectify the abnormalities in their order or abstaining from implementing them.

History and Meaning of Writ Of Mandate

The Writ of Mandate, also known as a Writ of Mandamus, has its origins in English common law. It is a court order that directs a government official or a lower court to perform a specific task or duty that is required by law. The writ was historically used to enforce the King's authority over lower courts and public officials.

In the United States, the Writ of Mandate is commonly used as a means of judicial review of administrative decisions. When an administrative agency or official fails to perform a duty that is required by law, a party can petition the court for a writ of mandate to compel that agency or official to act.

Examples of Writ Of Mandate

  1. A petitioner may seek a writ of mandate to compel a city council to comply with an open meeting law.
  2. A plaintiff may seek a writ of mandate to challenge a decision by a zoning board that is allegedly inconsistent with local zoning regulations.
  3. A defendant may seek a writ of mandate to challenge a judge's decision to deny a motion to dismiss.

Legal Terms Similar to Writ Of Mandate

  1. Injunction: An injunction is a court order that requires a party to refrain from performing a particular act.
  2. Declaratory Judgment: A declaratory judgment is a court order that declares the rights and obligations of the parties without requiring any action on their part.
  3. Habeas Corpus: A writ of habeas corpus is a court order that requires a person who is being detained to be brought before a court or judge.