Questions tagged [writ-of-mandamus]

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How did judicial review in the United States develop out of prerogative writs?

In this video, at 58:15 Justice Scalia says that the judicial review concept in the United States developed out of the prerogative writs: mandamus and injunction. What does he mean by that? How did ...
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What is the difference between mandamus and injunction? What if the party is a government official?

Wikipedia defines mandamus as: Mandamus is a judicial remedy in the form of an order from a court[1] to any government, subordinate court, corporation, or public authority, to do (or forbear from ...
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1answer
47 views

Can a writ of mandamus be filed in any Indian High Court?

I am planning to file a writ of mandamus in an Indian High Court against a Government statutory body. Can it be filed in any High Court or is it necessary to file it in a specific High Court within ...
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2answers
305 views

How does Judge Sullivan have standing?

As I understand it, Judge Sullivan is appealing a writ of mandamus in the Flynn case. As the Supreme Court has interpreted the Federal Constitution as having a case or controversy requirement that ...
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1answer
1k views

If Marbury v Madison was overturned, would this eliminate Judicial Review in the United States?

Background Marbury V. Madison established the practice of Judicial review in the United States, though the principle existed before the case. This gave the Supreme Court power to invalidate laws, or ...
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2answers
1k views

Under what circumstances is the writ of mandamus normally used?

Currently the State of Maryland and the District of Columbia are pursuing a case against the President of the United States regarding alleged violations of the emoluments clause. As described by ...
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1answer
39 views

What states allow victims to a writ of mandmanus when the DA adopts a position of nolle prosequi?

In the case of felonies which a DA has, for one reason or another, refused to prosecute, what states allow the victim to petition a judge for a writ of mandamus to force the prosecution? I know West ...