Ministerial - Law Dictionary Search Results
Home Dictionary Name: ministerial Page: 3Bribe
Bribe, a fit to any person in office or holding a position of trust, with the object of inducing him to disregard his official duty or betray his trust for the benefit of the giver. It is a misdemeanour at common law for a public officer, whether judicial or ministerial, to accept a bribe, or for such an officer to conspire with others that he shall receive such a bribe, Rex v. Whitaker, (1914) 3 KB 1283. It has long been settled law that the secret profits of an agent belong to his principal: see De Busche v. Alt, (1878) 8 Ch D 286. The acceptance of a secret commission from the other side to a negotiation justifies the dismissal of the agent receiving it, Boston Deep Sea Fishery v. Ansell, (1888) 39 Ch D 339. The bribery of an agent avoids a contract: see Shipway v. Broadwood, (1899) 1 QB 369, where a veterinary surgeon employed to test horses by the purchaser had passed them after acceptance of a bribe from the seller. In such a case it is an immaterial inquiry to what extent the br...
Award
Award [the primitive sense of ward is shown in the It. Guardare, Fr. regarder, to look. Hence, Prov. Fr. eswarder (answering in form to award), to inspect goods, and, incidentally, to pronounce them good and marketable; eswardenur, an inspector, Hecart. An award is accordingly, in the first place, the taking a matter into consideration and pronouncing judgment upon it; but in later times the designation has been transferred exclusively to the consequent judgment, Wedgw.], a document containing the determination of commissioners, under an Inclosure Act or other public statute; also an instrument embodying an arbitrator's decision on a matter submitted to him. It must follow the submission, but need not necessarily be in writing, unless so prescribed. An award is generally considered as published as soon as the arbitrator has done some act where by he becomes functus officio, and has declared, and can no longer change, his final mind. As soon as the award is executed, notice thereof shou...
Actus Judiciarius coram non judice irritus habetur, de ministeriali autem a quocunque provenit ratum esto
Actus Judiciarius coram non judice irritus habetur, de ministeriali autem a quocunque provenit ratum esto [Lat.], A judicial act done in excess of authority is not binding; otherwise as to a ministerial act....
Ministral
Ministerial...
Ministerially
In a ministerial manner in the character or capacity of a minister...
operational
operational : ministerial ...
marshal
marshal 1 : a ministerial officer appointed for each judicial district of the U.S. to execute the process of the courts and perform various duties similar to those of a sheriff 2 : a law officer in some cities (as New York) of the U.S. who is entrusted with particular duties (as serving the process of justice of the peace courts) 3 : the administrative head of the police or esp. fire department in some cities of the U.S. also marshall vt -shaled also: -shalled -shal·ing also: -shal·ling : to fix the order of (assets) with respect to liability or availability for payment of obligations ;also : to fix the order of (as liens or remedies) with respect to priority against a debtor's assets see also marshaling ...
mandamus
mandamus [Latin, we enjoin, from mandare to enjoin] : an extraordinary writ issued by a court of competent jurisdiction to an inferior tribunal, a public official, an administrative agency, a corporation, or any person compelling the performance of an act usually only when there is a duty under the law to perform the act, the plaintiff has a clear right to such performance, and there is no other adequate remedy available ;also : an action in the nature of a writ of mandamus in jurisdictions where the writ is abolished compare cease-and-desist order at order, injunction, stay NOTE: Mandamus is an extraordinary remedy and is issued usually only to command the performance of a ministerial act. It cannot be used to substitute the court's judgment for the defendant's in the performance of a discretionary act. mandamus vb ...
discretionary
discretionary : left to discretion : exercised at one's own discretion ;specif : relating to the policy-making function of a public official see also Federal Tort Claims Act in the Important Laws section compare ministerial NOTE: A public official generally has qualified immunity from lawsuits that arise from his or her discretionary acts. ...
administrative
administrative 1 : of or relating to the performance of a function : ministerial [ communications include…instructions that encourage a jury to continue its deliberations "National Law Journal"] 2 : of or relating to the executive branch of a government compare legislative, judicial 3 : of or relating to a government agency [ remedies] ...
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