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Mandamus: Understanding the Legal Writ of Command

 
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Mandamus

Mandamus, (Latin for “we command”), in law, a writ (order) issued by a judge that commands the performance of an act required by law. Such writs are directed to lower courts, public officials, public bodies, and, in some instances, the officers of corporations. As an example, a liquor commissioner might fail to enforce a law requiring taverns to close by a certain hour; a citizen objecting to this negligence could petition a court to issue a writ of mandamus ordering him to do so.

A writ of mandamus is usually used only as a last resort. Failure to obey can result in punishment for contempt of court.

The notable Supreme Court case of Marbury v. Madison (1803) involved a petition to the court to issue a writ of mandamus directed at Secretary of State James Madison.