Litigation Expense Alone Opens The Writ
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
Example wrong choices
18182_bookstore_mandamus · CIVIL_PROCEDURE · Choice AYes, because litigation expense alone creates mandamus jurisdiction.
Why it's attractive
The choice supplies the consequence (litigation expense) but skips the antecedent clear-and-indisputable-right question. The mandamus standard is two-prong; expense alone does not clear either prong.
Why it's wrong
The choice supplies the consequence (litigation expense) but skips the antecedent clear-and-indisputable-right question. The mandamus standard is two-prong; expense alone does not clear either prong.
18182_bookstore_mandamus · CIVIL_PROCEDURE · Choice BNo, because federal courts abolished mandamus in civil cases.
Why it's attractive
Mandamus is codified at 28 U.S.C. § 1651(a) (All Writs Act) and remains available in civil cases, but only in extraordinary circumstances.
Why it's wrong
Mandamus is codified at 28 U.S.C. § 1651(a) (All Writs Act) and remains available in civil cases, but only in extraordinary circumstances.
18182_bookstore_mandamus · CIVIL_PROCEDURE · Choice CYes, because mandamus is available whenever a party thinks an interlocutory ruling is wrong.
Why it's attractive
The 'mandamus is available whenever' claim is a tiered absolute: it asserts an always/only rule that has a doctrinal exception. The Gold Key handles the clear-and-indisputable-right carve-out.
Why it's wrong
The 'mandamus is available whenever' claim is a tiered absolute: it asserts an always/only rule that has a doctrinal exception. The Gold Key handles the clear-and-indisputable-right carve-out.
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