What is the difference between an appeal and a mandamus?

An appeal and a mandamus are two different types of legal actions in Florida criminal law. An appeal is a request for a higher court to review and overturn a lower court’s decision. The defendant requests the appellate court to re-examine the case, and potentially reverse the lower court’s ruling. A mandamus is an order from a higher court to a lower court, usually commanding the lower court to fulfill a legal duty. A mandamus is a legal remedy whereby an appellate court can direct a lower court to perform a designated act, or refrain from performing a designated act. In summary, an appeal involves a request to reverse a lower court’s ruling, whereas a mandamus involves an order from a higher court to a lower court to either act or refrain from acting in a certain way. Both appeal and mandamus are viable options for litigants in Florida criminal law.

Related FAQs

What is an en banc hearing?
What is the difference between an appeal and a petition for a writ of habeas corpus?
Are appellate court opinions binding?
What are the steps in the criminal appeal process?
What is criminal appeal law?
What happens if an appeal is granted?
Is an attorney necessary for a criminal appeal?
What is the difference between direct and collateral appeal?
What is the standard of review for federal criminal appeals?
Can I modify or overturn a criminal conviction on appeal?

Related Blog Posts

Navigating the Criminal Appeal Law Process: A Guide for Clients - July 31, 2023
Understanding the Elements of a Criminal Appeal Case - August 7, 2023
What to Expect When Filing a Criminal Appeal - August 14, 2023
Strategies for Effectively Contesting a Criminal Conviction - August 21, 2023
5 Tips on How to Prepare for Criminal Appeal Hearings - August 28, 2023