ministerial duty
Defined in 3 dictionaries — Case Law, Bouvier (1914), Black's (1910)
Definitions from Case Law
From 281 U.S. 206 - Wilbur v. United States ex rel. Kadrie · 1930Most cited · 593 citing opinions
Where the duty in a particular situation is so plainly prescribed as to be free from doubt and equivalent to a positive command, it is regarded as being so far ministerial that its performance may be compelled by mandamus, unless there be provision or implication to the contrary. But where the duty is not thus plainly prescribed, but depends upon a statute or statutes the construction or application of which is not free from doubt, it is regarded as involving the character of judgment or discretion which cannot be controlled by mandamus.
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
One in respect to which nothing is left to discretion. A simple definite duty, arising under conditions admitted or proved to exist, and imposed by law, the performance of which may, in proper cases, be required of the head of a department by Judicial process. Mississippi v. Johnson, 4 Wall. (U. S.) 498, 18 L. Ed. 437; State v. Staub, 61 Conn. 553, 23 Atl. 924. MINISTERIAL TRUSTS (also called instrumental trusts). Those which demand no further exercise of reason or understanding than every intelligent agent must necessarily employ: as, to convey an estate. They are a species of special trusts, distinguished from discretionary trusts, which necessarily require much exercise of the understanding. 2 Bouvler, Inst n. 1896.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
A ministerial duty, the performance of which may in proper cases be required of a public officer by judicial proceedings, is one in respect to which nothing is left to discretion; it is a simple, definite duty arising under circumstances admitted or proved to exist and imposed by law. State v. McGrath, 92 Mo. 355, 5 S. W. 29; Mississippi v. Johnson, 4 Wall. 498, 18 In Ed. 437; People v. Jerome, 36 Misc. Rep. 256, 73 N. Y. Supp. 306; Duvall v. Swann, 94 Md. 608, 6l Atl. 617; Gledhill v. Governor, 25 N. J. Law, 351. A ministerial duty arises when an individual has such a legal interest in its performance that neglect of performance becomes a wrong to such individual. Morton v. Comptroller General, 4 S. C. 473,
Defined under Ministerial in Black's Law Dictionary.