Paralegal Certification PrepLegal Terminology and ConceptsMedium
A paralegal is preparing a summary of a court hearing where a judge issued an order compelling a witness to testify, despite the witness's initial refusal. This type of order, forcing someone to perform an act or face contempt of court, is known as a:
- AWrit of Subpoena
- BWrit of Certiorari
- CWrit of Habeas Corpus
- DWrit of Mandamus
Show answer & explanationAnswer & explanation
Correct answer: D. Writ of Mandamus
A writ of mandamus is a judicial remedy in the form of an order from a superior court to any government subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or forbear from doing), and which is in the nature of public duty, and in certain cases, a statutory duty.
Why the other options are wrong
- A. A subpoena is an order to appear in court, not necessarily to compel a specific action or overcome a refusal to testify after appearing.
- B. A writ of certiorari is an order by which a higher court reviews a decision of a lower court.
- C. A writ of habeas corpus is used to bring a prisoner or other detainee before the court to determine if the person's imprisonment or detention is lawful.
Writ of Mandamus
A court order compelling a government official, lower court, or public body to perform a specific, non-discretionary duty that they are legally obligated to carry out.
- Issued by a superior court.
- Forces performance of a public or statutory duty.
- Used when no other adequate legal remedy exists.
Memory trick: Writs are like the court's 'command letters' to make things happen.