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LSDefine
Simple English definitions for legal terms
Ministerial Act
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A quick definition of Ministerial Act:
A ministerial act is a task that someone has to do because they were told to do it by a law or rule. They don't get to decide how to do it or if they should do it. They just have to follow the rules. For example, if someone has to register voters, they can't decide who can or can't vote. They just have to follow the rules and register everyone who is allowed to vote. If someone doesn't do a ministerial act, they can't use the excuse that they were just following orders to avoid getting in trouble.
A more thorough explanation:
A ministerial act is an action that is performed in a specific way and according to legal authority, without using personal judgment or discretion. This means that the person performing the act must follow specific rules and procedures, and cannot make their own decisions about how to carry out the task.
For example, some ministerial acts include:
- Preparing ballots for an election
- Registering voters
- Recording and filing documents
- Caring for prisoners
- Driving vehicles
- Repairing highways
- Collecting taxes
These examples illustrate how ministerial acts are tasks that must be carried out in a specific way, without any personal judgment or discretion. For instance, when preparing ballots for an election, the person responsible for this task must follow specific rules and procedures to ensure that the ballots are accurate and fair. They cannot make their own decisions about how to prepare the ballots, as this would be a discretionary act.