2011
11.15

A writ of mandamus or mandamus (which means “we command” in Latin), or sometimes mandate, is the name of one of the prerogative writs in the common law, and is “issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly”.

Mandamus is a judicial remedy which is in the form of an order from a superior court to any government subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty.

It cannot be issued to compel an authority to do something against statutory provision.

Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when he is denied a legal right by someone who has a legal duty to do something and abstains from doing it.

As a consequence, when a Writ of Mandamus is issued to a lower court to hold a proceeding which it has failed to hear, and where it has demonstrated willful, and deliberate intent to deny the right to a hearing, the Writ of Mandamus includes an order for the judge to be removed from the case and the matter reassigned.

When the Petition for the Writ of Mandamus lists out a series of petitions, and improperly issued orders which demonstrate the clear intent of the judge to deny a party of his rights, and further includes opinions authored by the judge with intent to further commit extrinsic fraud against the party, it is clearly cause for investigation of the misconduct of the judiciary.

It is not admirable for any judge to perform these fraudulent functions in order to conceal the similar actions of prior judges assigned, or not assigned, to the case. It is an reasonable expectation that judge act responsibly and in accordance with the public trust, it is a grievous and heinous crime for justice to be denied for fear of exposure of prior injustices.

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