A warrant is a court order to compel or refrain from action. The applicant must prove a legal duty and denial of a statutory right. A mandate can be alternative, peremptory, or continuative. The defendant must comply or appear in court.
A warrant is a court order issued by a higher court to compel a lower court, public authority, or government agency to do something. Alternatively, the writ may require the court, authority, or agency to refrain from doing something. In essence, the party requesting the writ is arguing that the other party has a legal duty to perform in a certain way but is not doing so. As a result, the applicant party was denied a statutory right. A warrant of mandate is also called a petition for a warrant of mandamus.
The party requesting a warrant is typically referred to as the applicant and the other party is the defendant. As a general rule, the claimant must demonstrate that he has the legal right to order the defendant to take – or refrain from – a certain action. This usually requires proof that the duty is public. Furthermore, the applicant generally has to demonstrate that the obligation is mandatory, rather than discretionary.
For example, suppose a defendant files a writ asking a court to request the Anywhere Board of Public Education to join a law detailing how the Board should allocate funds provided to the school by the City of Anywhere. The defendant would likely have a valid cause because the duty at stake, the allocation of city funds, is a public duty. Additionally, the duty is mandatory because the law specifies exactly how city funds are to be enforced by the Council.
Suppose, however, that the law in question in this case states that the Anywhere Board of Public Education may use city funds “as it sees fit.” In this scenario, the defendant’s application would likely be denied. As the law does not specify how the funds are to be used, it is discretionary. Warrants are not issued in discretionary cases.
A mandate mandate can be classified as an alternative, peremptory, or continuative mandamus. An alternative mandamus offers the respondent two options. He can carry out the disputed act, or he can appear in court to defend himself.
A peremptory mandamus, on the other hand, is issued when the defendant fails to comply with an alternative mandamus. Mandatory writs may also be issued if a defendant is unable to demonstrate sufficient cause not to perform the requested action. A standing warrant requires a lower public authority to perform an act efficiently and for an unspecified length of time in order to prevent the mistrial.
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