Peremptory Writ Of Mandate Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Peremptory Writ Of Mandate, written in plain English, along with examples of how it is used.

What is Peremptory Writ Of Mandate?

it is an order issued by any court to its subordinate court, person, corporation or government officials compelling them to perform an act which the law determines is a duty resulting from the office.Writs are either alternative or peramptory.Alternative writs commands the body it directs and gives them certain time period to show cause in court as to why that act has not been performed.Peramptory writs does the similar effect except that the body concerned is not given any chance of showcausing before the court and have to follow the commands as per the writ.

History and Meaning of Peremptory Writ Of Mandate

A Peremptory Writ of Mandate is an order issued by a superior court to a lower court, a government official, or a corporation to carry out a legal duty or to refrain from acting outside the limits of their authority. It is a legal remedy that compels an individual or entity to fulfill a duty imposed by law. The term "peremptory" means final or absolute, which implies that there is no room for argument or further discussion.

The Peremptory Writ of Mandate has its roots in the common law system that originated in England. In the United States, it is commonly used in the state courts, particularly in California where it is often referred to as a "writ of mandate." It is typically used in cases where there is no other adequate legal remedy available, and it is considered a useful tool for enforcing public rights.

Examples of Peremptory Writ of Mandate

  1. A Peremptory Writ of Mandate was issued by a California Superior Court, directing a district attorney to file criminal charges against police officers who had used excessive force during an arrest.
  2. In 2016, the California Supreme Court issued a Peremptory Writ of Mandate directing the state to release $331 million in funds that had been wrongly diverted from a fund designed to help homeowners facing foreclosure.
  3. In a recent case, a California Court of Appeal issued a Peremptory Writ of Mandate ordering a trial court to strike down an ordinance that imposed an unconstitutional tax on medical marijuana businesses.

Legal Terms Similar to Peremptory Writ of Mandate

  1. Writ of Prohibition: A writ that prohibits a lower court or a government official from engaging in a specific action.
  2. Writ of Certiorari: A writ that orders a lower court to produce a record of a case to be reviewed by a higher court.
  3. Writ of Quo Warranto: A writ that challenges the right of an individual or entity to hold public office or exercise a public right.