The Akien Decision, Understanding Complex Legal Terminology
Mandamus
Sentance
“The government has asked for a Rrit of Mandamus.”
Dictonary Definition
“Mandamus (/ˈmænˈdeɪməs/; Latin “we command”) is a judicial remedy in the form of an order from a superior court [1] to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to reject or authorize applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications.” (Wikipedia)
Importance
This is a very rare legal remedy that the government is seeking in our case, after conversation with cousul. It is essentialy a rare legal remedy that is designed as a pre trial appeal. It is quite rare because it is only used in some circimstances where the person asking for it has a very very good reason not to go to trial. The governments excuse for this is that discovery would be very taxing on them, as well as preping their experts. The 9th circuit found these arguments unconvincing.
Protective Order
Sentance
Before the court is defendants’ motion for a protective order and for a stay of discovery. ( # 196). In essence, defendants’ motion is based on the assertion that “Plaintiffs claim must proceed under the [Administrative Procedure Act] AP A”
Definition
Protective order is an order that prevents the disclosure of certain information under certain circumstances. A party cannot use discovery rights just to harass or annoy another party or an outside witness. If a party is abusing discovery rights in a case, Federal Rules of Civil Procedure Rule 26© lets the other party or outside party to ask the court for a protective order. A person can be protected from annoyance, embarrassment, undue burden and expense, and oppression.
Importance
Them asking for a protective order is another attempt for the trump administration to delay trial as much as possible. They are saying that the prosocution (us), are making obsense demands on them for trial (our demands are mostly just for records and for papers that there scienists wrote.) And therefore we should stop all discovery. The court also rejected this argument in court.
PS: In research for this, I discovered that all of my statements made to the court are under a protective order (its for our protecion because we are minors in this case and it forbids some of our statements from going public after a certain amount of time.)