What is the difference between a discretionary appeal and a mandamus petition?

A discretionary appeal and a mandamus petition are two different types of appeals that individuals can use in the State of Alaska when asking a higher court to review a decision. A discretionary appeals is an appeal that is granted by an appellate court when they determine that there are legal or factual error that could impact the outcome of the case. This type of appeal is usually filed at the discretion of the higher court. The court decides if the element of the lower court decision merits a hearing and is within their scope of review. A mandamus petition is a type of appeal in which an individual is asking a higher court to issue an order, or ‘writ of mandamus,’ to a lower court or other government official to compel them to perform a mandatory duty or to correct an illegal act. The court may not grant this type of petition unless it is shown that the lower court or official is behaving unlawfully or has unreasonably withheld a necessary action. In summary, a discretionary appeal is requested by a party who wishes to appeal a decision of a lower court for legal or factual errors. A mandamus petition is a request to a higher court to order a lower court or official to fulfill their duties or to correct an illegal act.

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What is the difference between a discretionary appeal and a mandamus petition?

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