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

What is the standard of proof necessary to win an appeal?
What kind of relief can be sought from an appellate court?
Are parties able to appeal an appellate court’s decision to a higher court?
What procedures are available to challenge a conviction on appeal?
What is the appellate court’s scope of review for a trial court’s decision to grant or deny a motion for summary judgment?
How do I obtain an appellate court transcript?
How do I obtain a copy of the appellate court’s opinion?
What are the grounds for appealing a magistrate judge’s decision?
What is an appellate court’s ruling on a motion to dismiss?
What is the process for obtaining an order of remand from an appellate court?

Related Blog Posts

Important Tips for Effective Appellate Law Representation - July 31, 2023
Inside the Appellate Courtroom: A Guide to Appellate Law Litigation - August 7, 2023
An Overview of Appellate Court Proceedings - August 14, 2023
Challenges of Appellate Law for Attorneys - August 21, 2023
Key Points Every Lawyer Needs to Know About Appellate Law - August 28, 2023