Mandamus

A writ of mandamus (/mænˈdməs/; lit.''we command'') is a judicial remedy in the English and American common law system 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.[1] Decisions that fall within the discretionary power of public officials can not be controlled by the writ. For example, mandamus can not force a lower court to take a specific action on applications that have been made. If the court refuses to rule one way or the other, then a mandamus can be used to order the court to rule on the applications.

Mandamus may be a command to do an administrative action or not to 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 right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when they are denied a legal right by someone who has a legal duty to do something and abstains from doing it.

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