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Writ of Mandamus

Writ of Mandamus is a judicial remedy ordered by a superior court to a lower court, corporation or public authority to complete a task that is assigned by law. Generally a Writ of Mandamus is used by a superior court to compel a lower court to make a ruling on a case if the lower court refuses to do so. A Writ of Mandamus cannot be used to force an authority to do anything that would be considered against statutory provisions (illegal or outside of the law). Take a look at the following questions regarding writs of Mandamus that have been answered by Experts.

Who can request a Writ of Mandamus or can the public request a writ?

Usually, only someone directly affected by a case can request a Writ of mandamus. This means a person must have an involvement in the case and who would be affected by the outcome of the case. Usually, a court will not allow a Writ of Mandamus to a person who is not one of the parties involved in a case.

Where does a person file a Writ of Mandamus? What court?

Case details: I had a case in the Third Circuit Court, and then I filed an Appeal in the Third Circuit Court of Appeals. I did not receive a ruling to my satisfaction and so I requested the U.S. Supreme Court to review the decision by filing a Petition to file and a Writ of Certiorari. The Writ was denied. I am still entitled to justice, and I would like to appeal further. The status of Neurological Conditions needs to a 'protected class' in the United States of America.

You would need to file a Writ of Mandamus prior to a case being completed in the District Court. This would be done if one party feels that a decision made by the court should be reviewed by an appeals court. Because you have already had your appeal at the appellate level, you have exceeded the point that a Writ of Mandamus would help. The last thing that a person can do in your situation is to file a petition for a Writ of Certiorari in the Supreme Court. You have attempted this and were denied. There is nothing more that you can do at this point. The Supreme Court is the highest court in which you can take an appeal.

How do I file a Writ of Mandamus to get a prosecutor to do his duty?

The prosecutor determines which charges will be filed and there isn't any way to force a prosecutor to file charges or to prosecute a case. These choices are up to the prosecutor, regardless of the facts of the case. You could consider filing a civil suit for any damages that you have received as a result of the prosecutors actions. Your best option at this point in time would be to file a civil suit because you won't have the heavier burden of proof that a criminal case requires. You can file a Writ of Mandamus if you choose but the chances of a judge approving this will be very slim.

My ex-wife filed a Writ of Mandamus in Circuit Court (Maryland) asking the court to transfer a fine on her auto to me. Could and would the court actually order the MVA to transfer the fine to me?

Case details: The auto was titled to her only, as well as the loan. She purchased the vehicle prior to our marriage and never raised the issue in our separation agreement or the final hearing in our divorce.

It is hard to determine what a court may choose to do in a case like this. Your ex-wife bought the car before your marriage and it was titled in her name only. The car should have been mentioned in the divorce decree if it was her vehicle during the marriage. Because the car wasn't mentioned in the divorce decree, there is no reason for you to be responsible for the fine. Motor vehicle laws state that the registered owner of a vehicle would be responsible. There really isn't any way to pass that responsibility to someone else.

The responsibility falls on your ex-wife regardless of whether you were paying the bills during your marriage. You will need to oppose the Writ of Mandamus by telling the court that there wasn't a court order that warranted that you pay and that it was not your obligation to maintain your ex-wives MVA status.

A Writ of Mandamus is a judicial document that plays a role in the judicial system. Many people are not aware of the power of a Writ of Mandamus. If you are in the middle of a trial and feel that there is a conflict in the trial, a Writ of Mandamus would probably benefit the outcome of your case. If you want to learn more about this powerful judicial document, you should ask an Expert for legal insights based on an evaluation of your case particulars.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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