Difference between revisions of "Writ of mandamus"
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| − | A '''writ of mandamus''' is an extraordinary court order compelling an official to take an action in fulfillment of his duty. | + | A '''writ of mandamus''' is an extraordinary court order compelling an official to take an action in fulfillment of his duty. |
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| + | For example: After assuming office in 1801, President [[Thomas Jefferson]] ordered Secratary of State [[James Madison]] not to deliver a sealed Judgeship Commission to William Marbury. William Marbury was appointed by the prior President, [[John Adams]], shorty before leaving office; however, his judgeship commission was not delivered to him in time. Marbury would not actually become a Justice of the Peace until he recieved the Commission, so Marbury sued for a writ of mandamus ordering Madison deliver the commission. The Supreme Court denied Marbury's request in ''[[Marbury v. Madison]]'' (1803). | ||
[[category:law]] | [[category:law]] | ||
Revision as of 04:48, March 5, 2008
A writ of mandamus is an extraordinary court order compelling an official to take an action in fulfillment of his duty.
For example: After assuming office in 1801, President Thomas Jefferson ordered Secratary of State James Madison not to deliver a sealed Judgeship Commission to William Marbury. William Marbury was appointed by the prior President, John Adams, shorty before leaving office; however, his judgeship commission was not delivered to him in time. Marbury would not actually become a Justice of the Peace until he recieved the Commission, so Marbury sued for a writ of mandamus ordering Madison deliver the commission. The Supreme Court denied Marbury's request in Marbury v. Madison (1803).