MBE Rules · Civil Procedure
Writ of Mandamus
28 U.S.C. §1651 (mandamus)
The rule
Appellate courts may issue mandamus to correct a clear abuse of discretion or usurpation of judicial power when no adequate alternative remedy exists — an extraordinary, rarely granted writ.
In plain English
A writ of mandamus is a court order that compels a government official or lower court to perform a duty they are legally obligated to complete. It is only issued in exceptional circumstances where there is a clear abuse of discretion or a violation of judicial power, and when there are no other adequate remedies available.
Worked example
A trial court refuses to allow a defendant to present critical evidence that is clearly admissible under the rules of evidence. The defendant appeals this decision but finds no other remedy available to correct the trial court's error. The appellate court issues a writ of mandamus, ordering the trial court to allow the evidence.
Memory hook
Mandamus: the extraordinary fix for extraordinary failures.
The trap
Exams may present scenarios where students think a writ of mandamus is appropriate, but they might overlook the requirement for no adequate alternative remedy or fail to identify a clear abuse of discretion.
How examiners test it
Questions often involve a lower court's refusal to act or an improper exercise of discretion, prompting candidates to assess whether mandamus is the correct remedy based on the specific facts presented.
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