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What is the difference between certiorari and mandamus?

Mandamus: issued to a public authority to perform a public or statutory duty. Certiorari: It is issued by a superior court, directing an inferior court, tribunal, or other public authority to send the record of a proceeding for review.

What is difference between writ and petition?

Therefore, a writ can be understood as a formal written order issued by a Court having authority to issue such an order. Orders, warrants, directions, summons etc. are all essentially writs. A writ petition is an application filed before the competent Court requesting it to issue a specific writ.

What is a petition for writ of administrative mandate in California?

Generally, a Petition for Writ of Administrative Mandamus is a request that a Superior Court review and reverse the final decision or order of an administrative agency. It is brought under California Code of Civil Procedure (CCP) 1094.5. The terms mandamus and mandate are synonymous. CCP 1084.

What is the difference between a writ of mandate and a writ of mandamus?

Mandate refers to the traditional writ, codified in Code of Civil Procedure sections 1085 and 1086, which require the absence of a plain, speedy, and adequate remedy as a basis for extraordinary relief. Mandamus refers to the administrative writ, and it is almost always preceded by the modifier administrative.

What is the difference between appeal and mandamus?

Mandamus at the Federal Level Instead of appealing directly, the party simply sues the judge, seeking a mandamus compelling the judge to correct their earlier mistake. Generally, this type of indirect appeal is only available if the party has no alternative means of seeking review.

What is the meaning of mandamus?

an official order from a court of law stating that a person or organization must do a particular thing: A court may issue a writ of mandamus to force a public official to perform a mandated act. (Definition of mandamus from the Cambridge Business English Dictionary Cambridge University Press)

What is certiorari in simple terms?

The word certiorari comes from Law Latin and means to be more fully informed. A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.

What is a Palma notice?

Thus, the term Palma notice informally describes the first step in a streamlined procedure for deciding the merits of a writ petition that avoids the more formal procedures triggered by the issuance of an alternative writ.

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What is the difference between certiorari and mandamus?

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