When a government administrator refuses to make a decision that she is required to make by statute,which of the following remedies is the appropriate one to obtain from the courts?
A) mandamus
B) certiorari
C) declaratory judgment
D) prohibition
E) injunction

Question

Quizplus · Accepted Answer

Mandamus is a court order that requires a government official to carry out their statutory duties. If a government administrator refuses to make a decision that they are required to make by statute, a party can file a writ of mandamus in court to compel the administrator to carry out their duties. The other options listed are not appropriate in this scenario. Certiorari is a type of appeal that is used to review decisions made by lower courts. Declaratory judgment is a ruling by a court on a legal question that does not involve any immediate enforcement or action. Prohibition is a court order that prohibits a government official from taking an action. An injunction is a court order that requires or prohibits a specific action.

When a Government Administrator Refuses to Make a Decision That