ministerial act

ministerial act
/min3Stir(i)ysl/ That which is done under the authority of a superior; opposed to judicial. That which involves obedience to instructions, but demands no special discretion, judgment, or skill. Arrow Exp. Forwarding Co. v. Iowa State Commerce Commission, 256 Iowa 1088, 130 N.W.2d 451, 453.
An act is "ministerial" when its performance is positively commanded and so plainly prescribed as to be free from doubt. J.E. Brenneman Co. v. Schramm, D.C.Pa., 473 F.Supp. 1316, 1319.
Official's duty is "ministerial" when it is absolute, certain and imperative, involving merely execution of a specific duty arising from fixed and designated facts. Long v. Seabrook, 260 S.C. 562, 197 S.E.2d 659, 662.
One which a person or board performs under a given state of facts in a prescribed manner in obedience to the mandate of legal authority without regard to or the exercise of his or their own judgment upon the propriety of the act being done. State, Dept. of Mental Health v. Allen, Ind.App., 427 N.E.2d 2, 4; Gibson v. Winterset Community School Dist, 258 Iowa 440, 138 N.W.2d 112, 115
See also mandamus

Black's law dictionary. . 1990.

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  • ministerial act — n. An act done by an agent or subordinate who is acting on orders from a superior. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008. ministerial act An a …   Law dictionary

  • Ministerial act — A ministerial act is a government action performed according to legal authority, established procedures or instructions from a superior, without exercising any individual judgment. [1] It can be any act a functionary or bureaucrat performs in a… …   Wikipedia

  • ministerial act — /min3Stir(i)ysl/ That which is done under the authority of a superior; opposed to judicial. That which involves obedience to instructions, but demands no special discretion, judgment, or skill. Arrow Exp. Forwarding Co. v. Iowa State Commerce… …   Black's law dictionary

  • ministerial act — An act which does not involve the exercise of judgment. An act the performance of which involves nothing of discretion, official or otherwise, performance being required by direct and positive command of the law. 34 Am J1st Mand § 70. An act… …   Ballentine's law dictionary

  • ministerial — min·is·te·ri·al /ˌmi nə stir ē əl/ adj 1: being or having the characteristics of an act or duty prescribed by law as part of the duties of an administrative office 2: relating to or being an act done after ascertaining the existence of a… …   Law dictionary

  • ministerial function — A function as to which there is no occasion to use judgment or discretion. Hood Motor Co., Inc. v. Lawrence, La., 320 So.2d 111, 115. See also ministerial act …   Black's law dictionary

  • ministerial function — A function as to which there is no occasion to use judgment or discretion. Hood Motor Co., Inc. v. Lawrence, La., 320 So.2d 111, 115. See also ministerial act …   Black's law dictionary

  • Ministerial regulation — is a legislation issued by the Minister by the virtue provided for by an Act or another legislation having the same status as an Act, viz. code of law, emergency decree, royal ordinance, etc. References ราชบัณฑิตยสถาน. (2544).… …   Wikipedia

  • ministerial — [min΄is tir′ē əl] adj. [Fr ministériel < LL ministerialis] 1. of ministry, a minister, or ministers collectively 2. serving as a minister, or agent; subordinate 3. a) having the nature of or characteristic of the administrative functions of… …   English World dictionary

  • Ministerial Code (United Kingdom) — UK government titles Secretary of State Minister of State Parliamentary Under Secretary of State Parliamentary Priva …   Wikipedia

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