| 翻訳と辞書 |
mandamus
Mandamus is a judicial remedy in the form of an order from a superior court,〔(Writ of Mandamus ), and Indian Constitution.〕 to any government subordinate court, corporation, or public authority—to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing)—and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to reject or authorize applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications.
Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when he is denied a legal right by someone who has a legal duty to do something and abstains from doing it.
==Legal requirements==
The applicant pleading for the writ of mandamus to be enforced should be able to show that he or she has a legal right to compel the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities:〔RK Choudhary's Law of Writs; Mandamus.〕 It must be a duty of public nature and the duty must be imperative and should not be discretionary. Furthermore, mandamus will typically not be granted if adequate relief can be obtained by some other means, such as appeal.〔(【引用サイトリンク】 url = http://www.law.cornell.edu/rules/supct/rule_20 )〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「mandamus」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|