peremptory writ of mandamus

peremptory writ of mandamus
A writ of mandamus requiring the party to do the thing absolutely, as distinguished from an alternative writ which requires him to do the thing, or show cause why he should not in his answer. 35 Am J1st Mand § 380.

Ballentine's law dictionary. . 1998.

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  • peremptory writ of mandamus — A court order to any governmental body, government official, or a lower court requiring that the body, official, or court perform an act the court finds is an official duty required by law. Compare: alternative writ of mandate (mandamus) Category …   Law dictionary

  • writ of mandamus — The process or writ which issues in a proceeding in mandamus where the plaintiff or petitioner is granted relief by way of mandamus. 35 Am J1st Mand § 380. See alternative writ of mandamus; peremptory writ of mandamus …   Ballentine's law dictionary

  • peremptory writ of mandate — A court order to any governmental body, government official, or a lower court requiring that the body, official, or court perform an act the court finds is an official duty required by law. Compare: alternative writ of mandate (mandamus) Category …   Law dictionary

  • alternative writ of mandamus — A court order that requires a governmental agency, court, or officials to obey to take a certain action, or show cause at a hearing why it should not have to obey. Compare: peremptory writ of mandamus (or mandate) Category: Small Claims Court &… …   Law dictionary

  • peremptory mandamus — Same as peremptory writ of mandamus …   Ballentine's law dictionary

  • peremptory mandate — Same as peremptory writ of mandamus …   Ballentine's law dictionary

  • writ — / rit/ n [Old English, something written] 1: a letter that was issued in the name of the English monarch from Anglo Saxon times to declare his grants, wishes, and commands 2: an order or mandatory process in writing issued in the name of the… …   Law dictionary

  • peremptory — pe·remp·to·ry 1 /pə remp tə rē/ adj [Late Latin peremptorius, from Latin, destructive, from perimere to take entirely, destroy] 1: permitting no dispute, alternative, or delay; specif: not providing an opportunity to show cause why one should not …   Law dictionary

  • Peremptory Mandamus — 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… …   Wikipedia

  • Mandamus — For other uses, see Mandamus (disambiguation). Prerogative writs …   Wikipedia

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