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) Injunction
B) Prohibition
C) Mandamus
D) Certiorari
E) Declaratory judgment

Question

Quizplus · Accepted Answer

Mandamus is a court order that compels a government official to perform a duty that the law requires. Therefore, if a government administrator refuses to make a decision required by statute, seeking a mandamus order from the court would be the appropriate remedy. Injunction is an order that requires someone to do or refrain from doing something, but it may not be the appropriate remedy in this situation. Prohibition is a court order that prevents an administrative body from acting outside its authority, which is not applicable here. Certiorari is a court order that directs a lower court to send its record in a case for review, and Declaratory judgment is a decision by a court that resolves a legal uncertainty or ambiguity without awarding damages or ordering someone to take an action. Neither of these remedies is appropriate for this situation.

When a Government Administrator Refuses to Make a Decision That