Non-Monetary Remedies Involving Gov't Parties

Question 1

Writ of Mandamus

Answer 1

Compels performance of an official duty.

Defenses: PL has adequate remedy at law or the act is discretionary.

Standing for mandamus:

1. one claiming a public interest (if it’s a duty owed to everyone)
2. Private monetary loss (when there’s a private duty)

Question 2

Writ of Prohibition

Answer 2

Counterpart to mandamus. It is used to prohibit a public official from exceeding his lawful jurisdiction or authority. Prohibition is generally used against lower courts. Prohibition must also lie against executive and military officers.

*It cannot be used to relieve the person of the consequences if the official has already exceeded his lawful jurisdiction or authority.

Question 3

Writ of Quo Warranto

Answer 3

Addresses itself to the right of a person to hold a public office. Standing:

1. anyone claiming the office
2. any citizen or taxpayer of the jurisdiction

Applies to all executive or military officers except the governor. Can only be used while they hold the office. (Ex: can’t oust a mayor when he’s no longer in office)

Disputed issues of fact may be tried by a jury.