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

Appellate law is a branch of law dealing with appeals from lower court decisions. It is practiced in many states, including South Carolina. A discretionary appeal is an appeal made to a higher court to reconsider the ruling of a lower court. If a party feels that the ruling was incorrect, they can make a discretionary appeal and have the court review it. The court then has the discretion to either grant the appeal or deny it. A mandamus petition is a legal demand on another person or court to follow the law. When a party believes that a lower court has failed to follow the law, they can petition the higher court to issue an order to the lower court to take an action or to refrain from taking a certain action. In South Carolina, a petition for mandamus must allege a clear abuse of discretion by the lower court and must show that the petitioner has no adequate remedy at law. The key difference between a discretionary appeal and a mandamus petition is that a discretionary appeal gives the higher court the discretion to accept or reject the appeal, whereas a mandamus petition is a demand that the higher court mandate the lower court to take a certain action. Both are legal remedies used in appellate law in South Carolina to seek review and a change in a lower court decision.

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

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