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

The difference between a discretionary appeal and a mandamus petition in New Hampshire is defined by the type of case each has authority over. A discretionary appeal is when the New Hampshire Supreme Court agrees to hear an appeal of a lower court’s decision. This appeal is at the court’s discretion, meaning they can decide whether or not they want to review the case. mandamus, on the other hand, is a type of petition in which a court orders someone to fulfill a certain obligation. In New Hampshire, mandamus petitions are only heard if there is a clear legal right that has been violated by someone having an obligation to do something. For example, if a public official in New Hampshire fails to perform an action mandated by the law, a mandamus petition can be filed to have the official fulfill their obligation. Discretionary appeals are typically used to review the lower court’s decision to ensure it followed the law. This type of appeal is used to determine if the lower court correctly applied established legal principles in coming to their decision. Mandamus petitions, on the other hand, are typically used to order someone to fulfill an obligation established by law. The New Hampshire Supreme Court will only hear a mandamus petition if it finds that the petitioner has a clear legal right that has been violated.

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

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