What is the difference between an appeal and a mandamus?

An appeal and a mandamus are two different types of legal procedures in South Carolina. An appeal can be filed for any criminal conviction and is a request to have the decision of the trial reversed or altered. The appellant must show that the trial court made an error in its application of the law or in determining the facts. The appellate court reviews the lower court’s actions and can either uphold the conviction or remand the case for further proceedings. A mandamus is a specific type of civil action and is a court order to compel a governmental body or government official to perform a lawful act or duty. It is used when a person requests that a higher court order the officials below them to do something they are refusing to do. Unlike appeals, mandamus does not involve revisiting the merits of the original court decision. It forces government officials to carry out a duty that the court has ruled they must perform, such as issuing a driver’s license or allowing a zoning change.

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What is the difference between an appeal and a mandamus?

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