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:
Outlook Download free Microsoft Outlook email and calendar, plus Office Online apps like Word, Excel, and PowerPoint Sign in to access your Outlook email account
Sign in to your account - Outlook No account? Create one! Can’t access your account? Terms of use Privacy cookies
Outlook Log In | Microsoft 365 Sign in to Outlook with Microsoft 365 to access your email, calendar, and more Download the app or log in online for enhanced organization and productivity
Outlook – free personal email and calendar from Microsoft Access free Outlook email and calendar, plus Office Online apps like Word, Excel, and PowerPoint
How to sign in to Outlook. com - Microsoft Support Learn how to sign in to your Outlook or Hotmail mailbox using your Microsoft account
Sign in - Office Choose the account you'd like to use to open Test Create one! This email is used with more than one account from Microsoft Which one do you want to use? Tired of seeing this? Rename your personal account
mcas - Sign in to your account No account? Create one! Can’t access your account? Terms of use Privacy cookies
Microsoft Outlook Personal Email and Calendar | Microsoft 365 Download free Microsoft Outlook email and calendar, plus Office Online apps like Word, Excel, and PowerPoint Sign in to access your Outlook email account
Outlook - Gizmodo Microsoft Outlook is an email management software that offers email communication, calendar organization, contact management, and task tracking features It provides planning, productivity, and
Create your Microsoft account Create your Microsoft account to access various services and features