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mandamus    音标拼音: [mænd'eməs]
n. 命令书
vt. 发训令

命令书发训令

mandamus
n 1: an extraordinary writ commanding an official to perform a
ministerial act that the law recognizes as an absolute duty
and not a matter for the official's discretion; used only
when all other judicial remedies fail [synonym: {mandamus},
{writ of mandamus}]

Mandamus \Man*da"mus\, n. [L., we command, fr. mandare to
command.] (Law)
A writ issued by a superior court and directed to some
inferior tribunal, or to some corporation or person
exercising authority, commanding the performance of some
specified duty.
[1913 Webster]

MANDAMUS, practice. The name of a writ, the principal word of which when the
proceedings were in Latin, was mandamus, we command.
2. It is a command issuing in the name of the sovereign authority from
a superior court having jurisdiction, and is directed to some person,
corporation, or, inferior court, within the jurisdiction of such superior
court, requiring them to do some particular thing therein specified, which
appertains to their office and duty, and which the superior court has
previously determined, or at least supposes to be consonant to right and
justice. 20 Pick. 484; 21 Pick. 258; Dudley, 37; 4 Humph. 437.
3. Mandamus is not a writ of right, it is not consequently granted of
course, but only at the discretion of the court to whom the application for
it is made; and this discretion is not exercised in favor of the applicant,
unless some just and useful purpose may be answered by the writ. 2 T. R.
385; 1 Cowen's R. 501; 11 Shepl. 151; 1 Pike, 11.
4. This writ was introduced to prevent disorders from a failure of
justice; therefore it ought to be used upon all occasions where the law has
established no specific remedy, and where in justice and good government
there ought to be one. 3 Burr. R. 1267; 1 T. R. 148, 9.; 2 Pick. 414; 4
Pick. 68; 10 Pick. 235, 244; 7 Mass; 340; 3 Binn. 273; 5 Halst. 57; Cooke,
160; 1 Wend. 318; 5 Pet. 190; 1 Caines, R. 511; John. Cas. 181; 12 Wend.
183; 8 Pet. 291; 12 Pet. 524; 2 Penning. 1024; Hardin, 172; 7 Wheat. 534; 5
Watts. 152; 2 H. & M. 132; 3 H. & M. 1; 1 S. & R. 473; 5 Binn. 87; 3 Conn.
243; 2 Virg. Cas. 499; 5 Call. 548. Mandamus will not lie where the law has
given another specific remedy. 1 Wend. 318; 10 John. 484; 1 Cow. 417;
Coleman, 117; 1 Pet. 567; 2 Cowen, 444; 2 McCord, 170; Minor, 46; 2 Leigh,
165; Const. Rep. 165, 175, 703.
5. The 13th section of the act of congress of September, 24, 1789,
gives the supreme court power to issue writs of mandamus in cases warranted
by the principles and usages of law, to any courts appointed or persons
holding office, under the authority of the United States. The issuing of a
mandamus to courts, is the exercise of an appellate jurisdiction, and,
therefore constitutionally vested in the supreme court; but a mandamus
directed to a public officer, belongs to original jurisdiction, and by the
constitution, the exercise of original jurisdiction by the supreme court is
restricted to certain specified cases, which do not comprehend a mandamus.
The latter clause of the above section, authorizing this writ to be issued
by the supreme court, to persons holding office under the authority of the
United States, is, therefore, not warranted by the constitution, and void. 1
Cranch, R. 175.
6. The circuit courts of the United States may also issue writs of
mandamus, but their power in this particular, is confined exclusively to
those cases in which it may be necessary to the exercise of their
jurisdiction. 7 Cranch, R. 504; 8 Wheat. R. 598; 1 Paine's R. 453. Vide,
generally, 3 Bl. Com. 110; Com. Dig. h. t; Bac. Ab. h.t.; Vin. Ab. h.t.;
Selw. N. P. h.t.; Chit. Pr. h.t.; Serg. Const. Index, h.t.; Ang. on Corp.
Index, h.t.; 3 Chit. Bl. Com. 265 n. 7; 1 Kent. Com. 322; Dane's Ab. Index,
h.t.; 6 Watts & Serg. 386, 397; Bouv. Inst. Index, h.t.; and the article
"Courts of the United States."


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  • Mandamus - Wikipedia
    A mandamus is normally issued when an officer or an authority by compulsion of statute is required to perform a duty and that duty, despite a demand in writing, has not been performed In no other case will a writ of mandamus issue unless it be to quash an illegal order
  • mandamus | Wex | US Law | LII Legal Information Institute
    A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion
  • Writ of Mandamus: Legal Meaning, Process, and Guide (2026)
    A Writ of Mandamus is a strong judicial order that compels a government official or an inferior court to carry out a mandatory obligation This is a legal remedy that ensures government officials do not disregard their legal duties to the people they serve
  • What Is a Writ of Mandamus and What Is It Used For?
    A writ of mandamus is a court order that commands a government official, public agency, or lower court to perform a specific duty they are legally required to complete In the United States, this legal tool is considered a drastic and extraordinary remedy reserved for special circumstances
  • Examples of writ of mandamus: Forcing a government agency to process an . . .
    A writ of mandamus is a court order compelling a government agency or official to perform an act that is required by law Typically, this writ is sought when an individual believes their request has been unreasonably delayed
  • Mandamus: Khám phá lệnh tòa án bắt buộc trong hệ thống pháp luật
    Bài viết này cung cấp định nghĩa, nguồn gốc, cách sử dụng và các thông tin liên quan về mandamus, giúp bạn hiểu rõ hơn về khái niệm quan trọng này trong hệ thống pháp luật
  • Mandamus | Definition Facts | Britannica
    In Anglo-American legal systems, mandamus (Latin for “we command”) is used by courts of superior jurisdiction to compel the performance of a specific act refused by a lower court, such as the hearing of a case falling within the latter’s authority
  • Writ of Mandamus Explained: A Key Legal Remedy in U. S. Law
    What Is a writ of mandamus? Simply put, a writ of mandamus is a court order that compels a government official, agency, or lower court to perform a duty they are legally obligated to complete Think of it as the legal system’s way of saying, “Hey, you have a job to do, and you can’t just ignore it ”
  • The Writ of Mandamus: A Big Picture Overview - The Law To Know
    The purpose of mandamus is to correct an administrative lapse and provide a remedy to individuals who would otherwise lack a means of enforcement against an authority’s inaction Mandamus is typically issued to enforce public duties rather than private rights
  • Mandamus - Ballotpedia
    A writ of mandamus or simply mandamus, which means "we command" in Latin, is the name of one of the prerogative writs in the common law, and is issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly





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