Peremptory Mandamus Totally Explained

Everything about Peremptory Mandamus totally explained

A Peremptory Mandamus, or peremptory writ of mandate, is an absolute and unqualified command to the defendant to do the act in question. It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative mandamus. It is one of the three types of a Mandamus. A more exact definition of a peremptory writ of mandate is "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."

Distinguishing from other kinds of mandamus

A peremptory writ of mandate "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."
This may also be distinguished from a Continuing Mandamus, which asks for an officer or other authority to perform its tasks expeditiously for an unstipulated period of time for preventing miscarriage of justice.

Practice tips

"The usual practice is for anyone desiring such an order is to file a petition for the alternative writ. If the officials don't comply with the order and fail to convince the court that the writ of mandate should be issued, then the court will issue the peremptory writ. In some emergency situations or when there's 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."
There seems to be many California cases online concerning preremptory writs.
In some jurisdictions or court systems, all types or kinds of writs are bunched together under a single procedural framework. In New York civil practice, any writ is titled a proceeding against (a) body or officer.

Further Information

Get more info on 'Peremptory Mandamus'.

External Link Exchanges

Do you know how hard it is to get a link from a large encyclopaedia? Well we're different and will prove it. To get a link from us just add the following HTML to your site on a relevant page:

<a href="http://peremptory_mandamus.totallyexplained.com">Peremptory Mandamus Totally Explained</a>

Then simply click through this link from your web page. Our crawlers will verify your link, extract the title of your web page and instantly add a link back to it. If you like you can remove the words Totally Explained and embed the link in article text.
As long as your link remains in place, we'll keep our link to you right here. Please play fair - our crawlers are watching. Your site must be closely related to this one's topic. Any kind of spamming, dubious practises or removing the link will result in your link from us being dropped and, potentially, your whole site being banned.