mandate

mandate, n.

1. An order from an appellate court directing a lower court to take a specified action. — Also termed (in BrE) order. See MANDAMUS. [Cases: Appeal and Error 1186.1; Federal Courts 949.

1. C.J.S. Appeal and Error § 968.]

2. A judicial command directed to an officer of the court to enforce a court order.

3. In politics, the electorate’s overwhelming show of approval for a given political platform.

4. Roman & civil law. A written command given by a principal to an agent; specif., a commission or contract by which one person (the mandator) requests someone (the mandatary) to perform some service gratuitously, the commission becoming effective when the mandatary agrees. La. Civ. Code art. 2989. • In this type of contract, no liability is created until the service requested has begun. The mandatary is bound to use reasonable care in performance, while the mandator is bound to indemnify against loss incurred in performing the service. — Also termed mandatum.

5. Louisiana law. A contract by which one person, the principal, confers authority on another person, the mandatary, to transact one or more affairs for the principal. La. Civ. Code arts. 2989 et seq. • The contract of mandate may be either onerous or gratuitous. It is gratuitous if the parties do not state otherwise.

6. Hist. Int’l law. An authority given by the League of Nations to certain governments to take over the administration and development of designated territories. Cf. TRUSTEESHIP(2). — mandate, vb.


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