What is a writ of mandamus?

This video introduces the writ of mandamus, where an appellate level court orders a lower court judge or government official to perform his duty or to not exceed his authority.
uslawessentials.com

[@drea0903]

Awesome and informative! I'm taking Business Law this semester and it is so confusing at times, but once I found your channel things began to make sense . Thank you!

[@USLawEssentials]

I appreciate it Drea0903. Let me know if other topics interest you.

[@nebszyx]

This dude rlly out here watching this for college and im doing it for my 8th grade paper 😭

[@ncall7256]

Will you be doing child custody for single fathers?

[@vincentkimochinang186]

A writ of mandamus is an order from a appelate level court ordering the lower court or an government official to perform his duty or to not exceed his powers So for example, merong isang case na nasa pangasinan tapos si defendant gustong ilipat yung case sa ibang lugar, edi siyempre hindi makapagdecide ng maayos yung judge ngayun ang pinapaniwalaan ni defendant eh hindi niya nakuha yung justice na deserve niya dahil nga sa delay kaya ang ginawa ni defendant nag request ng writ of mandamus sa appellate court tapos kapag si appelate court naman ay sumang ayon na inabuse ng judge ang kanyang kapangyarihan at wala nang ibang pwedeng magawa ang defendant ay ang appelate court ay pwedeng mag issue ng writ of mandamus dun sa judge na ang nakasaad o nakasulat sa writ of mandamus ay nirerequire ng writ of mandamus na makapagdesisyon agad ang judge kung i gra-grant ba niya or hindi yung motion na ni request ng defendant

[@YusukeUrameshi166]

Thank you!!! Short, concise, and informative.

[@USLawEssentials]

Thanks, let me know if other topics interest you.

[@YusukeUrameshi166]

Sure!! Thanks again and God bless! Stay safe brother,

[@martythomasg]

It defies understanding that Cannon is still presiding over this case!

[@Angfree]

I see many politicians not doing their job of upholding the Constitution. The writ shouldn't be rare.

[@SoljaChild]

Thank you!

[@USLawEssentials]

Sure!

[@nolahutton7658]

Thank you!

[@irecon-_516]

This made me understand perfectly thanks.

[@USLawEssentials]

Great to hear, thanks. uslawessentials.com

[@judahchosen4816]

@@USLawEssentials So in your opinion can you also file a writ of mandamus to compel a clerk in state Court IN THE state Court or would that be sufficient in the appeals court. Does this stay the case. (Refusal of clerk to file answer)

[@USLawEssentials]

JC, I can't advise on actual cases. Please consult with a lawyer in your state.

[@judahchosen4816]

@@USLawEssentials Fraud

[@TennisOnAction]

Is it just a form and application fees you can do it yourself or need to write an article or brief to the court better pay the attorney to do?

[@vidhyavidhya9696]

Tysm😀😀

[@johnwatters3431]

Whats the difference between mandamus and procedendo?

[@USLawEssentials]

JW, thanks for this great question. A writ of mandamus is an order requiring a lower court or government official to do its duty. Traditionally, a writ of procedendo is where a higher court requires a lower court to issue a judgment. In those jurisdictions that still provide for these writs a party might need to distinguish between the two so you raise a good point. I think in some states today when a higher court declines to hear an appeal it might issue a writ of procedendo, advising the lower court that it declined to hear the appeal, thereby confirming that the lower court's judgment stands. But I really don't know whether any states still have this practice. I think the general trend in most states is that writs generally, including writs of procedendo, are no longer important because they were replaced by statutes. For example, in New York, New Jersey, and many other states, writs of procedendo have been irrelevant for well more than 100 years.

[@maxdragon15]

Did Hilldawg watch this before filing!?

[@tinyvr7036]

So what does a writ of mandamus have to do with Hillary refusing to testify in court as per judicial watch? I thought we should know as the people. TY🇺🇸

[@USLawEssentials]

Briefly, a group called Judicial Watch wanted to depose Hillary Clinton. Hillary Clinton opposed an order from a trial level court that she be deposed and sought a writ of mandamus to block the deposition. This is the petition: www.judicialwatch.org/wp-content/uploads/2020/03/JW-v-State-HRC-depo-mandamus-01242.pdf A writ of mandamus can issue when a lower court gets something so completely wrong that urgent action by a higher court is required. It's tough to get. In this case the appellate court agreed and blocked the deposition. Here is its decision: www.cadc.uscourts.gov/internet/opinions.nsf/F42F409E274D267D852585C40053AAA8/$file/20-5056-1856559.pdf

[@JoMcD21]

It would seem that the system is broken if we need rules for rules for rules.

[@USLawEssentials]

Not sure if rules for rules for rules. Is exactly right. And rules for rules is one way of holding officials responsible. And writ of mandamus is pretty old. Prolly a good thing overall.

[@JoMcD21]

@@USLawEssentials It's a good thing they exist, but it's also stupid that they HAVE to exist. It goes to show that the legal system needs a legal system of it's own just to correct itself when it fails. Which should be unacceptable.

[@USLawEssentials]

Thanks. Not sure I agree though. We create things that are imperfect. And strive to make them better. Almost everything people do that is constructive and good is an effort to make things that already exist better. We don’t create a perfect country. But we strive to create a more perfect country. We create a law but then add to the law to make it more just. And that is a rule for a rule.

[@Th3_Czar]

Can a district attorney be given a writ of mandamus?

[@TooManyChoices1]

I’m stupid but no…

[@PROPERWAR]

Is the "Writ of Mandamus" the same as "Preemptory Writ" ?

[@davidnims7369]

Attorney abandonment