Legal Definitions - mandamus

Definition: A mandamus is a court order that compels a government official to perform their official duties or correct an abuse of discretion. It is an extraordinary remedy that is only used in exceptional circumstances of peculiar emergency or public importance.

Example: If a judge makes a mistake in a case and a party wants to appeal the decision, but is blocked by rules against interlocutory appeals, they can sue the judge and seek a mandamus compelling the judge to correct their mistake. This type of indirect appeal is only available if the party has no alternative means of seeking review.

Explanation: This example illustrates how a mandamus can be used to correct a mistake made by a judge and allow a party to appeal a decision. It shows how a mandamus can be used as an alternative means of seeking review when other options are not available.

Types of Mandamus: The rules on mandamus and similar orders vary by jurisdiction. In California, there are two types of mandamus: ordinary mandate and administrative mandate. An ordinary mandate is used to compel agencies to perform ministerial acts or to review the validity of a final administrative order or decision made as the result of a lawfully required hearing. In Florida, a party asking for a writ of mandamus must demonstrate a clear legal right to commission of the particular duty in question. In New York, a writ of mandamus may be issued when an administrative agency, public body, or officer failed to perform a duty enjoined upon it by law.

Further Reading: For more information on writs of mandamus, see this and this .