mandamus 音标拼音: [mænd'eməs]
n . 命令书
vt . 发训令
命令书发训令
mandamus n 1 :
an extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official '
s discretion ;
used only when all other judicial remedies fail [
synonym : {
mandamus },
{
writ of mandamus }]
Mandamus \
Man *
da "
mus \,
n . [
L .,
we command ,
fr .
mandare to command .] (
Law )
A writ issued by a superior court and directed to some inferior tribunal ,
or to some corporation or person exercising authority ,
commanding the performance of some specified duty .
[
1913 Webster ]
MANDAMUS ,
practice .
The name of a writ ,
the principal word of which when the proceedings were in Latin ,
was mandamus ,
we command .
2 .
It is a command issuing in the name of the sovereign authority from a superior court having jurisdiction ,
and is directed to some person ,
corporation ,
or ,
inferior court ,
within the jurisdiction of such superior court ,
requiring them to do some particular thing therein specified ,
which appertains to their office and duty ,
and which the superior court has previously determined ,
or at least supposes to be consonant to right and justice .
20 Pick .
484 ;
21 Pick .
258 ;
Dudley ,
37 ;
4 Humph .
437 .
3 .
Mandamus is not a writ of right ,
it is not consequently granted of course ,
but only at the discretion of the court to whom the application for it is made ;
and this discretion is not exercised in favor of the applicant ,
unless some just and useful purpose may be answered by the writ .
2 T .
R .
385 ;
1 Cowen '
s R .
501 ;
11 Shepl .
151 ;
1 Pike ,
11 .
4 .
This writ was introduced to prevent disorders from a failure of justice ;
therefore it ought to be used upon all occasions where the law has established no specific remedy ,
and where in justice and good government there ought to be one .
3 Burr .
R .
1267 ;
1 T .
R .
148 ,
9 .;
2 Pick .
414 ;
4 Pick .
68 ;
10 Pick .
235 ,
244 ;
7 Mass ;
340 ;
3 Binn .
273 ;
5 Halst .
57 ;
Cooke ,
160 ;
1 Wend .
318 ;
5 Pet .
190 ;
1 Caines ,
R .
511 ;
John .
Cas .
181 ;
12 Wend .
183 ;
8 Pet .
291 ;
12 Pet .
524 ;
2 Penning .
1024 ;
Hardin ,
172 ;
7 Wheat .
534 ;
5 Watts .
152 ;
2 H . &
M .
132 ;
3 H . &
M .
1 ;
1 S . &
R .
473 ;
5 Binn .
87 ;
3 Conn .
243 ;
2 Virg .
Cas .
499 ;
5 Call .
548 .
Mandamus will not lie where the law has given another specific remedy .
1 Wend .
318 ;
10 John .
484 ;
1 Cow .
417 ;
Coleman ,
117 ;
1 Pet .
567 ;
2 Cowen ,
444 ;
2 McCord ,
170 ;
Minor ,
46 ;
2 Leigh ,
165 ;
Const .
Rep .
165 ,
175 ,
703 .
5 .
The 13th section of the act of congress of September ,
24 ,
1789 ,
gives the supreme court power to issue writs of mandamus in cases warranted by the principles and usages of law ,
to any courts appointed or persons holding office ,
under the authority of the United States .
The issuing of a mandamus to courts ,
is the exercise of an appellate jurisdiction ,
and ,
therefore constitutionally vested in the supreme court ;
but a mandamus directed to a public officer ,
belongs to original jurisdiction ,
and by the constitution ,
the exercise of original jurisdiction by the supreme court is restricted to certain specified cases ,
which do not comprehend a mandamus .
The latter clause of the above section ,
authorizing this writ to be issued by the supreme court ,
to persons holding office under the authority of the United States ,
is ,
therefore ,
not warranted by the constitution ,
and void .
1 Cranch ,
R .
175 .
6 .
The circuit courts of the United States may also issue writs of mandamus ,
but their power in this particular ,
is confined exclusively to those cases in which it may be necessary to the exercise of their jurisdiction .
7 Cranch ,
R .
504 ;
8 Wheat .
R .
598 ;
1 Paine '
s R .
453 .
Vide ,
generally ,
3 Bl .
Com .
110 ;
Com .
Dig .
h .
t ;
Bac .
Ab .
h .
t .;
Vin .
Ab .
h .
t .;
Selw .
N .
P .
h .
t .;
Chit .
Pr .
h .
t .;
Serg .
Const .
Index ,
h .
t .;
Ang .
on Corp .
Index ,
h .
t .;
3 Chit .
Bl .
Com .
265 n .
7 ;
1 Kent .
Com .
322 ;
Dane '
s Ab .
Index ,
h .
t .;
6 Watts &
Serg .
386 ,
397 ;
Bouv .
Inst .
Index ,
h .
t .;
and the article "
Courts of the United States ."
安装中文字典英文字典查询工具!
中文字典英文字典工具:
复制到剪贴板
英文字典中文字典相关资料:
Humboldt County CA Real Estate Homes For Sale - Zillow Zillow has 834 homes for sale in Humboldt County CA View listing photos, review sales history, and use our detailed real estate filters to find the perfect place
Humboldt County, CA homes for sale real estate - realtor. com Realtor com® has 1,022 homes for sale in Humboldt County, CA The median listing price is $363,000 Browse listings and find your dream home today
Humboldt County CA Single Family Homes For Sale - Zillow 467 single family homes for sale in Humboldt County CA View pictures of homes, review sales history, and use our detailed filters to find the perfect place
Humboldt County, CA homes for sale real estate - Redfin Instantly search and view photos of all homes for sale in Humboldt County, CA now Humboldt County, CA real estate listings updated every 15 to 30 minutes
Humboldt County, CA Real Estate Homes For Sale - Trulia 837 Homes For Sale in Humboldt County, CA Browse photos, see new properties, get open house info, and research neighborhoods on Trulia
Humboldt County, CA single family homes for sale - realtor. com Browse 578 single family homes for sale in Humboldt County, CA View photos, listing details, and find your dream home
Humboldt County, CA Homes For Sale - 821 Homes | Trulia 821 Homes For Sale in Humboldt County, CA Browse photos, see new properties, get open house info, and research neighborhoods on Trulia
Humboldt County CA Homes for Sale See the 809 available homes for sale in Humboldt County, CA Find real estate price history, detailed photos, and learn about Humboldt County neighborhoods schools on Homes com
New Listings for Sale in Humboldt County, CA - Redfin Find New Listings for sale in Humboldt County, CA Tour New Listings make offers with the help of local Redfin real estate agents
MLS - Humboldt Listings Find a Home for Sale in Humboldt County, CA Multiple Listing Service (MLS) Search, sort and filter all homes for sale in the Humboldt Multiple Listing Service by town, size, rooms, price, etc