What is the difference between an appeal and a mandamus?

An appeal and a mandamus are both legal processes that can be used in North Carolina to challenge a criminal court’s decision. However, there are distinct differences between them. An appeal is a process whereby a higher court reviews a lower court’s decision to see if it was incorrect or prejudicial. Through the appeal process the lower court’s decision is considered. The appeals court can uphold the decision, overturn the decision, or it can remand the case back to the lower court with instructions. A mandamus is a legal action taken to compel a public official, like a judge, to perform a particular act they are legally obligated to do. With a mandamus, the higher court does not review the original decision, but instead provides an order for the official to do something they failed to do. In North Carolina, an appeal is often used when a person wishes to challenge a criminal court’s ruling, while a mandamus is used when a person wishes to compel a public official to act or act differently. The two processes are distinct and different: an appeal looks at whether the lower court’s decision was correct, while a mandamus seeks to compel the court to act in accordance with the law.

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What is the difference between an appeal and a mandamus?

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