Q: What is difference between writ mandate and decision of appellate court?
What is difference between writ mandate and decision of appellate court?
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A:
The key distinction between a writ of mandate and an appellate court decision lies in their purpose and timing.
A writ of mandate is an extraordinary remedy that orders a lower court or government agency to take specific action or correct an abuse of discretion. You might seek this when you need immediate intervention and cannot wait for the normal appeals process - for example, if you believe a judge made a serious error that requires immediate correction, or if a government agency is failing to perform its legal duty.
In contrast, an appellate court decision comes through the standard appeals process after a final judgment has been entered in your case. This process typically takes longer but provides a comprehensive review of the lower court's decision, examining both legal and factual issues. While writs are discretionary (meaning courts can choose whether to consider them), appeals are generally your right once a final judgment exists. The appellate court's decision will either affirm the lower court's ruling, reverse it, or send it back with specific instructions.
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