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writ of mandamus
a judicial order commanding a government offical to perform a task
Judicial Act of 1789
Creates the lower courts and gives the SC the authority to issue writ of mandamus in its original jurisdiction
Article III, "Case" and "Controveries"
Must contain an actual controversy
Courts will not hear cases where both parties want the same outcome; there is no controversy between the parties, there purpose is merely to get the court to rule on something
Court will not decide in a case when there is no longer a controversy
Court will not hear a case that has been brought too early EX before all poes into effect; all other avenue must be exausted
Court will not hear cases involving "political questions"
- 1. Seperation of powers- legal questions involving co-equal branches of government
- 2. foreign affairs- Courts should not risk embarrassing the US abroad
- 3. Judicially manageable standards lacking- can the courts help
- 4.Standing- article III requires
- § The party must have suffered a injury or be in imminent danger of suffering
- such a loss
- § The injury must be trace able to the
- § The party must show that a favorable
- court decision will provide a remedy