RULE 65 - CERTIORARI, PROHIBITION AND MANDAMUS | REMEDIAL LAW REVIEW
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- เผยแพร่เมื่อ 21 ส.ค. 2024
- Rule 65 covers Certiorari, Prohibition and Mandamus.
Certiorari is an extraordinary remedy resorted to when any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law.
Prohibition is an extraordinary remedy resorted to when the proceedings of any tribunal, corporation, board, officer or person, whether exercising judicial, quasi-judicial or ministerial functions are without or in excess its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law.
Mandamus is a special civil action resorted to when any tribunal, corporation, board, officer or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes another from the use and enjoyment of a right or office to which such other is entitled, and there is no other plain, speedy and adequate remedy in the ordinary course of law.