Define: Peremptory Writ Of Mandate

Peremptory Writ Of Mandate
Peremptory Writ Of Mandate
Quick Summary of Peremptory Writ Of Mandate

A peremptory writ of mandate, also known as a writ of mandamus, is a court order issued to compel a government agency, public official, or lower court to perform a specific act or duty that it is legally required to do. Unlike other forms of writs, a peremptory writ of mandate is issued without the need for a hearing or further deliberation, and it typically commands immediate compliance with the court’s order. Peremptory writs of mandate are usually granted when there is a clear legal right to the relief sought, and the party seeking the writ has no other adequate legal remedy available. These writs are considered extraordinary remedies and are only issued in exceptional circumstances where prompt action is necessary to prevent injustice or enforce legal obligations.

What is the dictionary definition of Peremptory Writ Of Mandate?
Dictionary Definition of Peremptory Writ Of Mandate
(or mandamus) n. a final order of a court to any governmental body, government official or a lower court to perform an act the court finds is an official duty required by law. This is distinguished from an alternative writ of mandate (mandamus), which orders the governmental agency, court or officials to obey the order or show cause at a hearing why it should not. The usual practice is for anyone desiring such an order to file a petition for the alternative writ. If the officials do not comply with the order and fail to convince the court that the writ of mandate should be denied, then the court will issue the peremptory writ. In some emergency situations or when there is no conceivable reason for the government not to follow the law, then the peremptory writ will be issued after a notice of hearing without the alternative writ.
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This glossary post was last updated: 29th March 2024.

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