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

The difference between a discretionary appeal and a mandamus petition in Mississippi is the type of relief sought. A discretionary appeal is an appeal of a decision by a lower court. The appeal asks the appellate court to review the lower court decision and decide if the lower court was right or wrong in making the decision. If the appellate court decides the lower court was wrong, the appellate court can reverse the lower court decision. A mandamus petition, on the other hand, is a request to the appellate court to order a lower court to do something it has failed to do. It is generally used when the lower court has not given a decision in a timely fashion or has not followed the law correctly. The appellate court can issue an order to the lower court to take some action. If the lower court does not comply, it can be fined or even held in contempt. In summary, the difference between a discretionary appeal and a mandamus petition in Mississippi is that a discretionary appeal asks the court to review a decision, while a mandamus petitions asks the court to order the lower court to do something.

Related FAQs

How does an appellate court decide to grant or deny a petition for certiorari?
What is the procedure for requesting an en banc hearing?
What are the grounds for appealing a magistrate judge’s decision?
What is the standard of review for an appellate court’s decision on an interlocutory order?
What is an amicus curiae brief?
What happens if I lose my appeal?
What is the process for filing a petition for writ of habeas corpus?
Are parties able to challenge an appellate court’s decision through a petition for writ of certiorari?
How do I obtain a copy of the appellate court’s opinion?
What is the standard of review on a trial court’s decision to admit or exclude evidence?

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

Related FAQs

Related Blog Posts