Mandamus
Mandamus is an extraordinary court order directing a public official or lower court to perform a duty required by law when the legal conditions for the remedy are met. It is not ordinarily a substitute for a normal appeal or a way to control discretionary decisions.
Mandamus is an extraordinary court order directing a public official or lower court to perform a duty required by law when the legal conditions for the remedy are met. It is not ordinarily a substitute for a normal appeal or a way to control discretionary decisions.
Example: In Marbury v. Madison (1803), the Supreme Court considered whether it could issue a writ of mandamus to compel delivery of a commission, and held that the statutory grant of original jurisdiction at issue was unconstitutional.
Common misconception: Mandamus can be used whenever a person disagrees with an official’s decision. The remedy has strict requirements and generally concerns a clear legal duty rather than a discretionary choice.
Sources: https://www.law.cornell.edu/wex/mandamus; https://supreme.justia.com/cases/federal/us/5/137/