Found inside – Page 6-159For example , when the CEQ required that all agencies publish supplementary ... The general rule is that courts will issue a writ of mandamus directing an ... Found inside – Page 481remedy is provided; in this use of the remedy, many historical theories concerning mandamus (as for example the technicalities of the rule of discretion in the inferior officer will bar the issuance of the writ) will not always be applicable; thus the ... Found inside – Page 768Interlocutory review of disqualification issues ( 10 ) We now describe the facts of this on petitions for mandamus is both necescase ... no trict judge to disqualify himself and hence statutory power to hear , and virtually evrequires us to issue a writ of mandamus ery circuit has so held . See , for example , directing him to do so . Found inside – Page 4a writ of mandamus that her case be remanded so the ALJ could issue a " show cause ” notice and allow the claimant a ... 7 add the following text : So , for example , where a claimant failed to exhaust administrative remedies before SSA as to ... Found inside – Page 329Our late decisions have recognized that the use of mandamus to review acts of administrative agencies is a departure from the traditional purpose of the writ , and that many historical theories concerning mandamus ( as , for example , the ... "This Action Guide sets out the procedures that petitioner's attorney should follow to bring an administrative mandamus proceeding, including how to determine whether administrative mandamus is available, how to prepare and file the ... Found inside – Page 64The duty required under the writ must usually be ministerial in nature ; that is , not an act which by its character or under law is discretionary or judicial . Examples of functions which may be directed by mandamus are : issuance of commissions ... Found inside – Page 3For example , general or special laws with respect to creation of offices of local government , see PUBLIC OFFICERS AND ... For example , for discussion of judicial authority to issue writ of mandamus , see MANDAMUS AND PROHIBITION . Found inside – Page 464ous and not of importance.78 Thus , it is a common practice to apply for a writ of mandamus or prohibition.78 $ 3 : 369 . ... See , for example , Annotation : Mandamus , prohibition , or interlocutory appeal as proper remedy to seek review of ... Found insideThe Supreme Court has established that the prohibition extends to writs of mandamus. M'Clung v. Silliman, 19 U.S. (6 Wheat.) 598 (1821) (state court may not ... Found inside – Page 447For example , the state ' s attorneys continued to bring mandamus and quo warranto actions after 1897 . See , e . g . , Gormley v . Panuzio , 166 Conn . 1 , 2 , 347 A . 2d 78 ( 1974 ) ( writ of mandamus to compel mayor and assessor of city of ... Found insideIf your case has any signs of abuse of discretion, then you should file a writ of mandamus with a higher court as soon as possible. A great example of an ... Found inside – Page 238As many of the cases herein annotated indicate , a writ of mandamus may be appropriate to challenge a trial judge ' s denial ... See , for example , Alliance Life Ins . Co . v Ulysses Volunteer Fireman ' s Relief Ass ' n ( 1974 ) 215 Kan 937 , 529 ... Found inside – Page 381An injunction may be requested on a given matter only as an incidental aspect of a pending case , hence the substantive difference between a mandatory injunction and a writ of mandamus . In a pre - war case , for example , the action of the ... A Petition for a Writ of Mandamus is being sought from the U.S.Supreme Court to correct an error or abuse of discretion made by the U.S. District Court in Knoxville, Tennessee, in its ruling in the case of Kinney et al v. Found inside – Page 470F2 brought a writ of mandamus asserting that the trial court erroneously decided that he had to be the biological father in order to be considered a ... Found inside – Page 106Liberal mandamus rules would undercut the general rule that courts of ... of law or abuse of discretion.217 For example, a petition for a writ of mandamus ... Found inside – Page 4The Court of King's Bench could send a writ of mandamus to any person , corporation , or inferior court , directing them to do something therein written , which related to their office or duty . For example , the writ of mandamus could be issued to ... Found insideFor example, to find the history and future citations by the courts of Heckler v.Chaney, a researcher would only ... See, for example, writ of mandamus. Found insidefor example , a defendant may be forbidden to refuse to admit a child to a specific program . ... damages , plaintiffs often seek equitable relief , e.g. , a permanent injunction or a writ of mandamus , or declaratory relief ( a declaratory judgment ) . Found inside – Page 399Thus , the Constitution Donald , for example , is one of a number of grants the Legislature broad discretion to instances in ... 444 , 179 S . W . 2d 239 , 243 law regulating those writs ” against district ( 1944 ) ( conditionally granting mandamus to ... Found inside – Page 466An action for a Writ of Mandamus is a separate proceeding . ... For example , where the litigant failed to comply with a discovery order , and the exclusion of the witness eviscerated the party ' s case , our supreme court 356 S . C . 460 ( App ... Found inside – Page 1273The traditional rule concerning the availability of the writ of mandamus to compel public officials to perform their ... In Byse & Fiocca , supra at 348-49 , for example , the authors review prior cases and state that : In each of these cases a plaintiff ... Found inside – Page 555The court then indicated that it would dismiss the indictment , but the government was able to get a writ of mandamus in ... For example , the improper denial of a jury trial is usually correctable by application for a writ of mandamus in the court ... Found inside – Page 416There , prohibition is inappropriate , although in certain circumstances mandamus may apply . 62 the petition . Additionally , the attention of the trial court must be called to any lack of jurisdiction before a writ of prohibition will issue from the Supreme Court . ... For example , where a motion for new trial is not timely filed , prohibition may issue to restrain the granting of a new trial since the trial court no ... Found inside – Page 230Accordingly , recourse to the prerogative writs will enable proceedings to test , for example , the legality of the initial ... Federal Court of Australia includes jurisdiction with respect to any matter in which a writ of mandamus or prohibition or an ... Found inside – Page 408The Court clearly follows this rule; for example, mandamus will not lie if a declaratory judgment is available.48 Consequently a writ of mandamus should not ... Found inside – Page 20For example , in the McCarran - Ferguson Act , Congress immunized state regula - tion of the insurance industry from ... however , where remedies alternative to appeal are provided — where , for example , a writ of mandamus is available to ... Found inside – Page 208Acts regarded as of a special nature when reviewed by the courts for one purpose , as , for example , in order to determine the propriety of granting the writ of mandamus , are regarded by the courts as being of an entirely different nature when ... Found inside – Page 97... cause against this Mandamus , and that the consequence therefore will be ... course your Lordships can take will be that of which you have an example in ... Found inside – Page 661Anthony, before issuing the writ of mandamus, found it necessary to distinguish Street v. ... such as enormous fees or default when damages are unliquidated. Recent actions by that Court for the most part indicate no change. For example ... Found inside – Page 390See , for example , Montgomery v Board of County Comrs . , 263 Md 1 , 280 A2d 901 . ... For form of an application for writ of mandamus to compel issuance of a certificate approving a subdivision plat , see 25 AM JUR PL & PR FORMS ( rev ed ) ... Found inside627 It would, for example, review discovery orders by mandamus only (a) when a privilege is ... the court entertained a petition for a writ of mandamus in ... Found inside – Page 75An Example of a Writ of Prohibition The following is a hypothetical ... are two types of extraordinary writs: writs of mandamus and writs of prohibition. Found inside – Page 241Example 1 Example 2 Example 3 claim 1 TT A1 ml Δ ZA TT Δ A2 TT2 claim 2 1 J / against A2 J / A against 2 J / A on ... Mandamus . The writ of mandamus , one of the old " prerogative writs , " dates back about 700 years in English legal history . Found inside – Page 443In the specific example here, at least two states expressly preclude reopening ... as to require a writ of mandamus (which is the remedy the act provides). Found inside – Page 104[ 5 ] The writ of mandamus is provided for in the Code of Civil Procedure ... and that many historical theories concerning mandamus ( as , for example ... Found insideWrit. of. Mandamus. Where the government fails to act as it should, ... For example, a mandamus action is apparently the appropriate vehicle to challenge ... Found inside – Page 847Even in these areas, however, issuance of a writ is no sure thing. For example, mandamus is often sought to protect a party's right to a jury trial. Found inside(a) Extraordinary Writs. ... so as to specify the type of writ sought (for example, Petition for Extraordinary Relief in the Nature of a Writ of Mandamus). Found insideEven those in the former camp allow some interlocutory appeals: For example, the writ of mandamus, which involves an “original” proceeding in an appellate ... Found inside – Page 156The following conditions must be fulfilled before the writ can issue :( a ) The office in respect of which it is asked to issue the ... far as the writ in India is concerned that it may not develop into the erratic and eccentric ways exhibited by its English example . 17. Mandamus : Nature of the writ . - Mandamus is high prerogative writ issued in the nature of a command to any person , corporation or tribunal to do a ... Found inside – Page 26Thus the writ could not be used to question " discretionary ” functions of government official . Moreover it cannot be ... One recent example of the problems with mandamus can be found in Save the Dunes Council v . Alexander . The Council ... Found inside – Page 76Mandamus is an extraordinary remedy , however , available only in extraordinary situations if the party seeking the writ demonstrates a clear and indisputable right to the writ . 10 For example , a petition for a writ of mandamus must ... Found inside – Page 10For example, in extreme circumstances an appellate court may issue a writ ... court.53 The two most commonly used writs are mandamus and prohibition. Found inside – Page 104[ 5 ] The writ of mandamus is provided for in the Code of Civil Procedure ... and that many historical theories concerning mandamus ( as , for example ... Found insideA court can also grant a writ of mandamus that orders ... An example is a case in which an applicant complies with all of the requirements for the issuance ... Found inside – Page 532For example, a typical interlocutory order that used to qualify as an ... Another exception to final judgment appellate review is the writ of mandamus. Found inside – Page 95To take only one bay in ranpect of a dispute between parties example in Eogland the Writ of Mandamus residing at Abmedabad . Bhagwati J. , held , is used only to command performance of any following tbe Parlakimedi case , that the Court ... In certain circumstances mandamus may apply recent actions by that Court for the most indicate... 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