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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Facts: A private individual, Omar Cruz, runs a small online food business. Under Municipal Ordinance No. 2020-7, the City Treasurer is required to issue a business permit to any applicant who (1) pays the annual fee, (2) submits proof of business registration, and (3) attests compliance with basic health, safety, and zoning requirements. After Omar’s complete submission and payment, the City Treasurer denies the permit, citing an “administrative glitch” in the records. Omar files a petition for mandamus under Rule 65 before the Court of Appeals to compel the City Treasurer to issue the permit. The Court of Appeals denies the petition. (a)Identify the central doctrine tested by this scenario and the controlling remedy. (b)Distinguish the remedy of mandamus from an ordinary civil action. (c)Apply the rule to determine whether Omar’s petition for mandamus is proper and why.

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