Appellate Practice
Writ of Mandamus
man-DAY-muss
An extraordinary court order compelling a lower court or government official to perform a clear legal duty.
Plain-English definition
A writ of mandamus is an extraordinary order from an appellate court directing a lower court or government official to perform a duty they are legally required to perform. Reserved for clear cases where there is no adequate alternative remedy. Frequently used to challenge interlocutory rulings that would otherwise be unreviewable.
More in Appellate Practice
Abuse of Discretion
A deferential appellate standard used when reviewing many trial-management and discretionary decisions.
Affirm
An appellate court's confirmation that the lower court's decision was correct and should stand.
Amicus Curiae
Latin: 'friend of the court.' A non-party who files a brief offering perspective or expertise on a legal question before the court.
Certiorari
A discretionary appellate review, especially the U.S. Supreme Court's review of decisions from lower courts.
Clear Error
A deferential standard for reviewing factual findings, reversed only when the appellate court is firmly convinced a mistake was made.
De Novo Review
An appellate standard where the reviewing court gives no deference to the lower court’s legal conclusion.
Dictum
A statement in a court opinion that is not necessary to the holding and therefore not binding precedent.
En Banc
French: 'on the bench.' A hearing or rehearing before all the judges of an appellate court rather than the usual three-judge panel.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.