Cecily Zamora
A writ of mandate, or mandamus, is an order from a court to a lower court or government official to perform a duty or correct an abuse of discretion. It is a judicial writ or order to any governmental body, government official, or lower court requiring that they perform an act or cease to act when a court finds that a law, duty, or judgment requires them to do so. The writ of mandate is an extraordinary remedy that should only be used in exceptional circumstances of peculiar emergency or public importance. It is often used when there is no other adequate remedy available at law. The writ of mandate can be used to compel agencies to perform ministerial acts or to allow a person to use and enjoy a right to which they are entitled. The writ also applies to corporations in similar situations. The writ of mandate is a powerful tool that can result in significant, groundbreaking decisions and provide a remedy for rights that have none.
| Characteristics | Values |
|---|---|
| Definition | A writ of mandate, or mandamus, is an order from a court to a lower court, government official, corporation, or governmental body to perform a duty or correct an abuse of discretion. |
| Usage | Writs of mandate are meant to be used in extraordinary circumstances of peculiar emergency or public importance and only when no other adequate remedy exists at law. |
| Jurisdiction | The All Writs Act (28 U.S. Code § 1651) gives federal courts the authority to issue writs of mandamus within their respective jurisdictions. State courts cannot direct a federal officer through a writ of mandate, and federal courts cannot issue a writ to a state officer. |
| Examples | State ex rel. Evans v. Chappel, 308 So. 2d 1 (Fla. 1975); State ex rel. Gerstein v. Schwartz, 357 So. 2d 167 (Fla. 1978); Cheney v. United States Dist. Court For D.C. (2004); Sholtz v. U.S. |
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What You'll Learn
Writ of mandamus vs writ of mandate
A writ is a formal, legal document. Mandamus, derived from Latin, means "we command". A writ of mandamus is a formal, legal document that commands a lower court or a government official to act.
In the English and American common law system, a writ of mandamus is a judicial remedy 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 action that is prohibited by law. It is an old common law remedy that allows a court to order government officials to perform their public duties.
In some state court systems, mandamus has evolved into a general procedure for discretionary appeals from non-final trial court decisions, or a procedure for obtaining a review of decisions by administrative agencies. In many of the states that have adopted the Field Code, the writ is now called a mandate instead of mandamus. These states include Idaho, Montana, Nevada, Utah, Washington, California, and the unincorporated U.S. territory of Guam. In California, the writ of mandate is used for interlocutory appeals.
A writ of mandamus is a somewhat uncommon but important legal manoeuvre. It can be issued by a judge at a petitioner's request when the authority of a higher court is needed to compel an action by an individual, a government agency, or a lower court. Writs of mandamus are not routine and are rarely granted. Before a petition for a writ of mandamus can be considered, it must be demonstrated that the traditional appeals process would not work or would not be relevant. Writs of mandamus are typically not granted if adequate relief can be obtained by some other means, such as an appeal.
A writ of mandate is a type of writ of mandamus. It is used by a court to compel agencies to perform ministerial acts. Courts may also use it to compel the admission of a person to the use and enjoyment of a right or office to which the person is entitled, and from which the person is unlawfully precluded.
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Ordinary mandate
In California, writs are used by superior courts, courts of appeal, and the Supreme Court to command lower bodies, including courts and administrative agencies, to do or not do certain things. A writ of mandate is a type of extraordinary writ in California. It is an order to an inferior tribunal, corporation, board, or person, both public and private, to compel the performance of an act that the law requires as a duty. The writ of mandate is not restricted to purely ministerial tasks but can be used to correct any legal error by the trial court.
The writ of mandate is distinct from an alternative writ of mandate, in that the latter is issued when a lower court or government body has already been established, and the act that the court compels in the peremptory writ of mandate must be completed. The writ of mandate is also different from a writ of mandamus, which is issued to a government official or lower court when a clear legal right to the commission of a particular duty has been demonstrated.
The process of obtaining a writ of mandate begins with a litigant filing a petition, usually styled as a petition for a writ of mandate, against the trial court as the respondent. Upon receiving the writ petition, the court may deny the petition, stay the trial court proceedings, issue an alternative writ or an order to show cause, or notify the parties of its intent to issue a peremptory writ. The vast majority of appellate writs are denied without explanation.
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Administrative mandate
A writ of mandate, or writ of mandamus, is a judicial writ or order to any governmental body, government official, or lower court compelling them to perform or cease performing an action. It is a type of mandamus writ since the court is compelling another governmental body to act. A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person.
A writ of administrative mandate, or administrative mandamus, is a request that a superior court review and reverse the final decision or order of an administrative agency. Administrative mandate is not a reconsideration of the agency decision but a judicial review procedure. It is not a trial. Generally, the court will not accept new evidence or rule on the merits of the case. Instead, the court may inquire into whether the agency acted in excess of its jurisdiction, made a serious error of law, or abused its discretion in determining the facts.
Administrative mandamus review can only be used when the agency's decision is final and there are no further administrative appeals available. Most writs challenge the decisions of state and local government agencies. However, this process may also be used to review the decisions of private organizations, such as private colleges and hospital boards, as long as the decision was final, resulted from a proceeding in which a hearing was legally required, and evidence was required to be taken.
The petition for a writ of administrative mandate must be filed as soon as possible, and there is often a very brief window of time to file, based on the statute of limitations governing the particular action. This period may be as short as 15 days or as long as four years. Damages are typically not available in these proceedings, and the only remedies available are to set aside the agency decision or remand the matter back to the agency for reconsideration.
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Peremptory writ of mandate
A peremptory writ of mandate, or mandamus, is a judicial writ or order to any governmental body, official, or lower court, requiring them to perform or cease performing a specific act that the court deems necessary based on official law, duty, or judgment. It is a type of mandamus writ, as the court is compelling another government body to take action. The defendant has no further opportunities to argue against their subjection to the writ; a peremptory writ of mandate is absolute and unqualified.
A peremptory writ of mandate differs from an alternative writ of mandate. In the case of the latter, a lower court or government body has not yet been established to complete the act that the court compels in the peremptory writ of mandate. In other words, an alternative writ of mandate orders the governmental agency, court, or officials to obey the order or provide a valid reason at a hearing for not doing so.
In some emergency situations or when there is no conceivable reason for the government not to follow the law, a peremptory writ will be issued after a notice of hearing without the alternative writ. In California, writs of mandate are typically issued first in the alternative, and then, if the filing party prevails, as a peremptory writ. However, in certain cases, the Court of Appeal or Supreme Court may grant a 'peremptory writ in the first instance', granting the requested relief immediately.
For example, in Sholtz v. U.S., the Circuit Court of Appeals, Fifth Circuit, affirmed the issuance of a peremptory writ of mandate, requiring Florida state officials for the treasury department to pay a judgment, their liability for which had already been established by a lower court. In another instance, the California Superior Court in California Building Industry Assoc’n v. State Water Resource Control Bd. issued a peremptory writ of mandate to compel the State Water Resource Control Board to halt the implementation of certain environmental standards where the invalidity of the standards had already been established.
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Writ of mandate case law examples
A writ of mandate, or mandamus, is a judicial writ or order from a court to a lower court, government official, or governmental body to perform an act or duty or to correct an abuse of discretion. It is considered an "extraordinary remedy" and should only be used in "exceptional circumstances of peculiar emergency or public importance".
In the United States, the All Writs Act (28 U.S.C. § 1651) gives the "Supreme Court and all courts established by Act of Congress" the authority to issue writs of mandamus. Additionally, 28 U.S.C. § 1361 grants federal district courts original jurisdiction to issue writs of mandamus to compel a government official or employee to perform a duty owed to the plaintiff.
Cheney v. United States Dist. Court For D.C. (2004)
This case involved a writ of mandamus issued to a lower court, demonstrating the use of a writ of mandate to correct an abuse of discretion by a judge.
State ex rel. Evans v. Chappel, 308 So. 2d 1 (Fla. 1975)
In this Florida case, the court determined that the party requesting a writ of mandamus must demonstrate a clear legal right to the performance of the particular duty in question.
State ex rel. Gerstein v. Schwartz, 357 So. 2d 167 (Fla. 1978)
Here, the court issued a writ of mandamus to a lower court, illustrating the application of a writ of mandate to a judicial body.
Sholtz v. U.S.
In this case, the Circuit Court of Appeals, Fifth Circuit, affirmed the issuance of a peremptory writ of mandate, which compelled Florida state officials to pay a judgment, demonstrating the use of a writ of mandate to enforce a legal duty.
These examples illustrate the application of writs of mandate in various contexts, including federal and state courts, and the enforcement of duties owed by government officials and lower courts.
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Frequently asked questions
A writ of mandate, or mandamus, is an order from a court to a lower court or government official to perform a duty or correct an abuse of discretion.
A writ of mandamus may be denominated a writ of mandate. The writ of mandamus is a type of writ of mandate that serves as an order to any governmental body, government official, or lower court to perform an act or cease to act when a court finds that a law, duty, or judgment requires them to do so.
Some examples of writs of mandate include:
- State ex rel. Evans v. Chappel, 308 So. 2d 1 (Fla. 1975), which determined that a party asking for a writ of mandamus must demonstrate a clear legal right to the commission of a particular duty.
- State ex rel. Gerstein v. Schwartz, 357 So. 2d 167 (Fla. 1978), where a writ of mandamus was issued to a lower court.
- Perez v. Sharp (1948), which held unconstitutional a law forbidding interracial marriages and mandated a county clerk to issue a marriage license to an interracial couple.
