mandate
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 37 U.S. 488 - Ex Parte Charles Sibbald v. The United States · 1838Most cited · 380 citing opinions
force in inferior court
Whatever was before the Court, and is disposed of, is considered as finally settled. The inferior court is bound by the decree as the law of the case; and must carry it into execution, according to the mandate. They cannot vary it, or examine it for any other purpose than execution; or give any other or further relief; or review it upon any matter decided on appeal for error apparent; or intermeddle with it, further than to settle so much as has been remanded. After a mandate, no rehearing will be granted... and on a subsequent appeal, nothing is brought up, but the proceeding subsequent to the mandate.
How the Supreme Court has restated “mandate”
Each Supreme Court definition of “mandate,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “mandate”
Court decisions citing the 4 opinions that defined “mandate” — 537 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 4 definitions, chronological · 1838–1863
- ORIGINAL
as it appeared that the merits of the case had been finally decided in this Court, and that its mandate required only the execution of its decree; the circuit court was bound to carry that decree into execution, although the jurisdiction of the court was not alleged in the pleadings.
binding on lower court
Undoubtedly the mandate must be its guide. It is the judgment of this Court transmitted to the Circuit Court. And when the direction contained in the mandate is precise and unambiguous, it is the duty of the Circuit Court to carry it into execution, and not to look elsewhere for authority to change its meaning. But when, as in this case, the Circuit Court are referred to testimony to ascertain the amount to be decreed, and are authorized to take new evidence on the point, it may sometimes happen that there will be some uncertainty and ambiguity in the mandate; and in such a case, the Court below have unquestionably the right to resort to the opinion delivered at the time, in order to assist them in expounding it.
precise and unambiguous
The District Court had no power to set aside the judgment of the Supreme Court, its authority extending only to executing the mandate.