Simon v. Levario

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a relator must show a “clear” right to relief—“that is to say, ‘when the facts and circumstances dictate but one rational decision’ under unequivocal, well-settled (i.e., from extant statutory, constitutional, or case law sources
• stating that clear right to relief means that the law is “definite, unambiguous, and unquestionably applies to the indisputable facts of the case”
• explaining that “it is improper to order a trial court to exercise its judicial (as opposed to its ministerial) function in a particular way unless the relator ‘has a clear right to the relief sought[]’”
• a clear right to relief means that the law is “definite, unambiguous, and unquestionably 6 applies to indisputable facts of the case.”
• “Under some circumstances, we have observed, even a trial court with general jurisdiction may lack authority to take a certain action[.]”
• “it is improper to order a trial court to exercise its judicial (as opposed to its ministerial

Source: CourtListener parenthetical corpus (CC0).