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Reply #7: A writ of mandamus is what's called an "extraordinary writ" [View All]

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The Velveteen Ocelot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-15-08 08:51 PM
Response to Reply #2
7. A writ of mandamus is what's called an "extraordinary writ"
that is granted to compel a lower court or other government official to act; while a writ of prohibition is designed to prevent a lower court from exceeding its powers or its jurisdiction. In this case it looks like NBC sought both kinds of writs because it had no other remedy, there being no immediate appeal from a temporary restraining order (the lower court's order directing NBC to allow Kucinich to participate). But the Nevada Supreme Court said the lower court was wrong because there was no underlying binding contract between Kucinich and NBC that required NBC to allow Kucinich to debate, and therefore the trial court was wrong in granting the TRO. So the writ was granted to vacate the order of the trial court.

I think NBC should have let Kucinich debate; I can't imagine why they disinvited him. But the Nevada Supreme Court was probably correct on the legal issues. The ass that needs kicking is NBC's, not the court's.
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