Questions tagged [writ-of-mandamus]
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What is a Writ and who can issue one?
What is a Writ and who can issue it? Can a normal person issue a writ on some normal person or should be done on an institution?
I'm asking this with respect to India. Is the meaning the same across all countries?
Newbie
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If Marbury v Madison was overturned, would this eliminate Judicial Review in the United States?
Background
Marbury V. Madison established the practice of Judicial review in the United States, though the principle existed before the case. This gave the Supreme Court power to invalidate laws, or portions of laws, that it found unconstitutional.…
isakbob
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Under what circumstances is the writ of mandamus normally used?
Currently the State of Maryland and the District of Columbia are pursuing a case against the President of the United States regarding alleged violations of the emoluments clause.
As described by Justice Department:
The Solicitor General of the…
Dan Bryant
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Would a political candidate have standing to sue for a writ of mandamus for the IRS to enforce the Johnson amendment?
I was brainstorming who might have standing to see to bring such a suit. If a religious organization is directly supporting a political candidate's rival, would that grant standing to bring a suit?
If so, would it even matter, or would the courts…
Alan
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What is the difference between mandamus and injunction? What if the party is a government official?
Wikipedia defines mandamus as:
Mandamus is a judicial remedy in the form of an order from a court[1] to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged…
robertspierre
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How did judicial review in the United States develop out of prerogative writs?
In this video, at 58:15 Justice Scalia says that the judicial review concept in the United States developed out of the prerogative writs: mandamus and injunction.
What does he mean by that?
How did judicial review develop out of these two writs,…
robertspierre
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Service of Process for Request for Default Entry and Motion for Default Judgement in Federal District Court
This question revolves around a case against US and its agencies or their directors in their official capacity. Moreover the claims in the case are based on Mandamus and APA. The other party (US government) has 60 days to give a response. When does…
user127776
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Can a writ of mandamus be filed in any Indian High Court?
I am planning to file a writ of mandamus in an Indian High Court against a Government statutory body. Can it be filed in any High Court or is it necessary to file it in a specific High Court within whose jurisdiction the Government body rests?
noisyoscillator
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What states allow victims to a writ of mandmanus when the DA adopts a position of nolle prosequi?
In the case of felonies which a DA has, for one reason or another, refused to prosecute, what states allow the victim to petition a judge for a writ of mandamus to force the prosecution?
I know West Virginia allows such pleadings. Is there any other…
Cicero
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Are writs rooted in equity?
Another answer I came across recently mentioned that orders for specific performance ie mandatory injunctions formerly called mandamus were writs. Conversely so were other writs such as certiorari. What, historically, was a “writ”? Are they a legacy…
TylerDurden
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How does Judge Sullivan have standing?
As I understand it, Judge Sullivan is appealing a writ of mandamus in the Flynn case.
As the Supreme Court has interpreted the Federal Constitution as having a case or controversy requirement that embodies a requirement of injury in fact and party…
Oliver
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