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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - alternative mandamus
The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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Definition of alternative mandamus
Definition: Alternative mandamus is a type of writ that is issued by a superior court to compel a lower court or government officer to perform mandatory or purely ministerial duties correctly. It is also known as a writ of mandamus or mandate.
Example: Let's say that a citizen has applied for a permit to build a house, but the government officer responsible for issuing the permit has not responded to the application. The citizen can file a petition for an alternative mandamus, which would require the officer to either issue the permit or appear in court to explain why it has not been issued.
Explanation: In this example, the citizen is using an alternative mandamus to compel the government officer to perform a mandatory duty (issuing the permit) correctly. If the officer fails to comply with the writ, they may be held in contempt of court.
Make crime pay. Become a lawyer.
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Simple Definition
Alternative Mandamus: A type of legal order issued by a higher court to force a lower court or government official to perform their duties correctly. It can either command the defendant to perform the requested action or appear in court to explain why they have not done so. If the defendant fails to comply with the alternative mandamus, a peremptory mandamus may be issued, which is an absolute command to perform the action in question.
The law is a jealous mistress, and requires a long and constant courtship.
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