Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

peremptory writ of mandate :: legal definition


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.

See also: mandamus mandate and Related Law Terms ↓


Related Law Terms

adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest.
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases).
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error.
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
irreparable damage or injury :: n. the type of harm which no monetary compensation ... also: equity injunction remedy writ
judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate
letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
modification :: n. a change in an existing court order or judgment ... terms of child support and custody.
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing
political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues.
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
prohibition :: n. forbidding an act or activity. A court order fo ... icial. See also: injunction mandate
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
res judicata :: : (rayz judy-cot-ah) n. Latin for "the thing has b ... djudicata. See also: res adjudicata
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal.
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox.
summons :: n. a document issued by the court at the time a la ... use service service of process writ
supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial.
writ of mandate :: (mandamus) n. a court order to a government agency ... al acts. See also: mandamus mandate

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - P

paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute
panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander
panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire
paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud
par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title
parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto
parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county.
parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright
parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.