Alternative writs of mandate, commonly referred to as mandamus, is a legal term describing a writ (court order) requiring a governmental agency or other entity to perform, or cease performing, a specific act. The order or writ serves as a reminder that the entity has a legal obligation to act. Mandamus orders are typically issued when a party feels their rights have been denied by a lower court decision or an administrative ruling.
Why Are Alternative Writs of Mandate Important?
These types of writs are important because they help ensure that government agencies and other entities are held accountable for their actions. In some cases, the writ can lead to an alternative order or decision. For example, if a plaintiff files a mandamus action against the IRS for failing to issue a refund, the court can then issue an order directing the IRS to do so.
An Example of an Alternative Writ of Mandamus
A recent example of a mandamus action happened when a convicted criminal challenging the decision of the State to deny him parole. The prisoner argued that parole had not been properly considered and argued that the State had violated his due process rights. As a result, the court issued an alternative writ of mandate, ordering the State to revisit the prisoner’s case and consider whether parole should be granted.
Final Thoughts
Alternative writs of mandate, or mandamus, are a powerful tool when used correctly. They give individuals the ability to challenge a decision or ruling they feel has been unfairly made by a government agency or individual. It is important to understand the legal implications of an alternative writ of mandate to determine whether one is applicable in your case and to ensure the proper steps are taken to obtain the writ.