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10 votes
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What is a Writ and who can issue one?

A "writ" is a formal written order issued by a court to another entity. A "writ of mandamus" is an order to a lower court or government official to do something they are obliged to ...
Lag's user avatar
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9 votes
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If Marbury v Madison was overturned, would this eliminate Judicial Review in the United States?

Marbury V. Madison did not establish judicial review. It was simply the first case where that power was used. It was clearly spelled out in The Federalist #78 that this power would exist in the new ...
David Siegel's user avatar
9 votes

What is a Writ and who can issue one?

Generally, a writ is an order of a court specifically issued to another governmental agency or official (including judges and courts), directing that agency or official to take or refrain from taking ...
ohwilleke's user avatar
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6 votes

How does Judge Sullivan have standing?

The Court of Appeals made Judge Sullivan the respondent. Flynn petitioned the Court of Appeals for a writ of mandamus to order the inferior court to dismiss the criminal proceedings against Flynn. ...
Lag's user avatar
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4 votes
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Under what circumstances is the writ of mandamus normally used?

Writs of Mandamus Are A Recognized Procedural Tool In the Federal Courts Is there precedent for this type of use of the writ of mandamus? Yes. It needs to be understood against the background rule ...
ohwilleke's user avatar
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3 votes

Under what circumstances is the writ of mandamus normally used?

Broadly speaking, a writ of mandamus is a court order to a government official to do its job properly, typically by performing some nondiscretionary task. It is commonly sought against officials in ...
bdb484's user avatar
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3 votes
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How did judicial review in the United States develop out of prerogative writs?

The place to begin thinking about this question is to understand the foundational question of what a "writ" is. A "writ" is a court order directed at another government official, ...
ohwilleke's user avatar
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3 votes
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What is the difference between mandamus and injunction? What if the party is a government official?

First, mandamus is always a form of writ whereas injunctions are typically a part of the proceedings in a lawsuit. Writs and lawsuits are each distinct, individual legal actions whereas multiple ...
Grant Langdon's user avatar
3 votes

Are writs rooted in equity?

No A writ is simply an order issued under legal authority for someone to do or not do something. Today the word is usually associated with orders by a court but historically, they applied to ...
Dale M's user avatar
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2 votes

Are writs rooted in equity?

Writs are not unique to equity. Writs developed as essentially template actions and associated orders in both law courts and chancery. They eventually crystalized around a fixed set of wrongs and ...
Jen's user avatar
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2 votes
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Would a political candidate have standing to sue for a writ of mandamus for the IRS to enforce the Johnson amendment?

If you plan to sue, you have to identify a legally cognizable injury in the complaint. So I guess you are asking us to first devise a plausible injury to the candidate coming from the IRS action, and ...
user6726's user avatar
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2 votes
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How does Judge Sullivan have standing?

This is one of the arguments made by Flynn in his opposition to the appeal (p. 8). No rule or precedent authorizes a district judge to seek rehearing of a mandamus order. A district court ordered to ...
user6726's user avatar
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2 votes

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

Although West Virginia allows this, State ex rel. Hamstead v. Dostert, 173 W. Va. 133, 139, 313 S.E.2d 409, 415–16 (1984), my understanding is that it is an extreme outlier. Prosecutorial discretion ...
bdb484's user avatar
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