Court Reporter Practice Exam

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What is "mandamus"?

A form of plea bargain
A type of civil lawsuit
A writ ordering an official or lower court to perform a duty
A legal term for financial compensation

The correct answer is: A writ ordering an official or lower court to perform a duty

"Mandamus" refers to a specific legal remedy known as a writ. It is issued by a higher court to compel a government official, agency, or lower court to perform a duty that is required by law. This means that when an individual or entity feels that a certain legal action should be taken by a public authority but it has not been executed, they can request this writ to ensure compliance. This legal tool is crucial in upholding the rule of law and ensuring that public officials do not neglect their responsibilities. For example, if a government agency is failing to make a decision that it is mandated to make, an affected party could seek a writ of mandamus to prompt that decision-making. This distinguishes mandamus from other legal concepts like plea bargains, civil lawsuits, or financial compensation, which do not involve the enforcement of a duty or obligation in the same manner.