Legal Dictionary
Main Entry:
man·da·musPronunciation:
man-'dA-m&sFunction:
nounEtymology: Latin, we enjoin, from
mandare to enjoin
: an extraordinary writ issued by a court of competent jurisdiction to an inferior tribunal, a public official, an administrative agency, a corporation, or any person compelling the performance of an act usually only when there is a duty under the law to perform the act, the plaintiff has a clear right to such performance, and there is no other adequate remedy available;
also : an action in the nature of a writ of mandamus in jurisdictions where the writ is abolished —compare
cease-and-desist order at
ORDER,
INJUNCTION,
STAY NOTE: Mandamus is an extraordinary remedy and is issued usually only to command the performance of a ministerial act. It cannot be used to substitute the court's judgment for the defendant's in the performance of a discretionary act. —
mandamus verb