What is the difference between an appeal and a mandamus?

The main difference between an appeal and a mandamus is the purpose. An appeal is a legal process that is used to challenge a court’s decision on a case. An appellant, who is usually a party to the original case, seeks to have a higher court review the decision of the lower court in order to determine if the ruling was correct and fair. A mandamus is a court order that forces a government official or entity to do something. It is used when someone believes that the government has failed to perform its legal duty. A party can petition the court to issue a writ of mandamus causing the government to perform its duty. To sum it up, an appeal is when a party seeks to have a court decision overturned and a mandamus is when a court orders the government to perform its legal duty. In Texas, criminal appeal law allows convicted defendants to file appeals if they feel their trial was not conducted properly. The appeals process is very complex and requires an attorney who specializes in criminal appeal law.

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