What is a writ of mandamus?

A writ of mandamus is a legal document issued by a court of law that orders a person or organization to do something or to stop doing something. In South Carolina, it is a form of criminal appeal law used to have a court review a previous decision, as well as the procedures and applicable laws, to determine if they were correct. A writ of mandamus may be used to decide if a lower court failed to apply the appropriate law, entrusted power, or acted outside the scope of its authority. When a writ of mandamus is used in South Carolina, the court will consider each side of the argument and issue an order. The court order may require a lower court to act, to stop an action, or to render a decision based on the law. It can be used to challenge a conviction or sentence, to challenge the actions of the judge or court itself, or to order a court to hold a hearing. Typically, writs of mandamus are filed in the court of appeals in South Carolina. The party filing for the writ must present a strong argument, as this type of appeal does not require the court to hear witnesses or any new evidence. The court must simply determine whether the decision, procedure, or law was applied correctly. If the court finds that the lower court failed to apply the law correctly, the writ of mandamus can be used to compel the court to correct the mistake and issue a different decision.

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What is a writ of mandamus?

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