Mandate

What is a Mandate?

A Mandate is, “ A command, order, or direction, written or oral, which court is authorized to give and person is bound to obey. A judicial command or precept proceeding from a court or judicial officer, directing the proper officer to enforce a judgment, sentence, or decree.” (Black’s Law Dictionary 1111. 4th Ed. Rev. 1968)

A court mandate is a command that a person is legally required to comply with if they are ordered to do so. They can carry a judgment, sentence, or some kind of decree enforcement. Usually, a mandate either orders a person to carry out a specific action or to refrain from doing some specific action. 

Mandates are especially relevant in appeals cases. A mandate finalizes an appellate court’s decision. If an appellate court decides that a case must be retried, a mandate is sent from the appellate court to the lower court to go through with whatever further proceedings are necessary. Until a mandate of some kind is issued, the lower court’s decision continues in effect and the appellate court retains control over the appeal. While mandates vary widely in scope and specific purpose, that all establish rules or standards that must be followed. If an individual or organization does not follow them, legal action may be taken against them.