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writ of mandamus

writ of mandamus

1 9.9
A court order that tells a government official to do a legal duty after other options fail
  • noun
  • /rɪt əv mænˈdeɪməs/
  • Formal
translation icon : recurso de mandamus
  • The court issued a writ of mandamus requiring the city clerk to fulfill her legal duty to provide public records.
  • seeking a writ of mandamus

Examples

  • Therefore, the court issued a writ of mandamus precluding DOE from finding that its delay was unavoidable—and thus non-recompensable—on the ground that it had not yet prepared a permanent repository.

    Academic text (2000)
  • The National Mining Association and the American Petroleum Institute sought a writ of mandamus on November 13, 1995, to force the EPA to vacate the potential to emit definition per this decision.

    Academic text (2001)
  • Mandatory duties would be subject to a writ of mandamus; directory duties likely would not.

    Blog text (23)
  • If there is a writ of mandamus, which is the thing I could not afford after Loftin ruled on my hearing,

    Blog text (32)
  • These laws generally allow respondents to leave stuff out, note that it's left out, and thus force requesters to go to court for a writ of mandamus.

    Blog text (11)
  • The government petitioned for a writ of mandamus, seeking vacatur of the district court's denial of the motion to exclude time.

    Academic text (2017)
  • One year prior to the deadline, on January 31, 1997, several utilities filed suit seeking a writ of mandamus to compel DOE compliance with the Indiana Michigan Power decision.

    Academic text (2000)
  • (n7) Facing growing stores of nuclear waste and limited storage space in which to place it, the utilities responded by filing a suit requesting a writ of mandamus to force the government to honor its obligations under the NWPA.

    Academic text (2000)
  • A writ of mandamus is proper only if (1) the plaintiff has a clear right to relief; (2) the defendant has a clear duty to act; and (3) there is no other adequate remedy available to the plaintiff.

    Academic text (2000)
  • On January 31, 1997, several electric utilities operating commercial nuclear reactors petitioned the United States Court of Appeals for the D.C. Circuit for a writ of mandamus to require the federal government to begin accepting highly radioactive spent nuclear fuel from the utilities by a statutory deadline the following January.

    Academic text (2000)

Synonyms

mandamus
vswrit of mandamus
  • Formal
2 9.9

A court order that tells a public official or government body to do a duty required by law

is only issued after other legal remedies have been exhausted

Surface Forms

Morphology

writ + of + mandamus

Both constituents are legal/technical and their combination is compositional: 'writ' (a legal document directing actions) plus 'mandamus' (a judicial command) straightforwardly denotes a writ that commands performance of a legal duty. This follows predictable legal naming patterns rather than an idiomatic shift, so a learner who knows both words should be able to infer the MWE's meaning.

Etymology

The legal term writ of mandamus comes from old courts where a judge wrote a paper called a writ to 'command' an official, and mandamus is the Latin phrase meaning 'we command'. That's why today it means a court order telling a government official to do a duty they must perform.