VII. Additional Non-Monetary Remedies Involving Governmental Remedies

Question 1

Mandamus

Answer 1

• Used to comple official to do perform some ministerial act
• Defenses to mandamus action:
  
  • 1) adequate remedy at law;
  • 2) offical act was discretionary
  • 3) judicial act is discretionary
• Standing: 1) special interest; 2) private duty
  *

Question 2

Prohibition

Answer 2

• counterpar of mandamus
• Use to restrain subordinate courts and inferiro judicial tribunals from exceeding their jurisdciton whn no other remedy is avaialble.
• Limited to jduiciary or executive and military acting in judiciary capacity
• does not lie againstgovernor/legislature/executive

Question 3

Quo Warranto

Answer 3

• Addresses itself to the right of a person to hold public office
• Standing to maintain quo warrant o action:
  
  • only one claiming the office
  • any citizen or taxpayer of the jurisdiction
• rests in all civil or mitliary officers execpt the governor
• Disputed facts go to the jury