ministerial act
An act performed without the independent exercise of discretion or judgment.• If the act is man-datory, it is also termed a ministerial duty. See ministerial duty under DUTY(2).
Search Results for: ministerial act
ministerial act
ministerial act (1)执行行为 指直接根据法律规定或上级指示、授权，在特定情况下按照特定方式执行的，并且在执行过程中无需裁量的行为。 (2)行政行为 与司法行为〔judicial act〕相对。 (→discretionary act; mandamus)
ministerial function test
ministerial-function test. The principle that the First Amendment bars judicial resolution of a Title VII employment-discrimination based on a religious preference, if the employee’s responsibilities are religious in nature, as in spreading faith, supervising a religious order, and the like. 42 USCA § 2000e-1(a). See TITLE VII OF THE CIVIL RIGHTS ACT OF1964. [Cases: Civil
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ministerial
ministerial, adj. Of or relating to an act that involves obedience to instructions or laws instead of discretion, judgment, or skill (the court clerk’s ministerial duties include recording judgments on the docket). [Cases: Judges 33. C.J.S. Judges § 55.]
ministerial office
An office that does not include authority to exercise judgment, only to carry out orders given by a superior office, or to perform duties or acts required by rules, statutes, or regulations.
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ministerial duty
ministerial duty. 1. See ministerial act under ACT. 2. See ministerial duty under DUTY(2).
passive trust
A trust in which the trustee has no duty other than to transfer the property to the beneficiary. — Also termed dry trust; general trust; nominal trust; simple trust; naked trust; ministerial trust; technical trust. See bare trustee under TRUSTEE. Cf. active trust. [Cases: Trusts 136. C.J.S. Trover and Conversion §§ 13, 243.]
office
office. 1. A position of duty, trust, or authority, esp. one conferred by a governmental authority for a public purpose (the office of attorney general). [Cases: Officers and Public Employees 1. C.J.S. Officers and Public Employees §§ 1–9, 12–17, 21.] 2. (often cap.) A division of the U.S. government ranking immediately below a department (the
inquest jury
A jury summoned from a particular district to appear before a sheriff, coroner, or other ministerial officer and inquire about the facts concerning a death. See INQUEST. — Also termed jury of inquest. [Cases: Coroners 12. C.J.S. Coroners and Medical Examiners § 15.]