Mandate

Mandate in United States

Mandate Definition

In Practice. A judicial command or precept issued by a court or magistrate, directing the proper officer to enforce a judgment, sentence, or decree. Commonly applied to the precept issued by an appellate court after decision of the cause, commanding the lower court to proceed therein. In Contracts. A bailment of property in regard to which the bailee engages to do some act without reward. Story, Bailm. i 137; 148 111. 186. The contract of mandate in the civil law is not limited to personal property, nor does it require a delivery of personal property when it relates to that. Poth. de Mand. note 1; Civ. Code La. arts. 2954-2964. It is, however, restricted to things of a personal nature at common law, and of these there must be a delivery, actual or constructive. Story, Bailm. § 142; 3 Strob. (S. C.) 343. Mandates and deposits closely resemble each other; the distinction being that in mandates the care and service are the principal, and the custody the accessory; while in deposits the custody is the principal thing and the care and service are merely accessory. Story, Bailm. § 140. In Civil Law. The instructions which the emperor addressed to a public functionary, and which were to serve as rules for his conduct. These mandates resembled those of the proconsuls, the mandata jurisdictio, and were’ ordinarily binding on the legates or lieutenants of the emperor of the imperial provinces, and there they had the authority of the principal edicts. Savigny. Dr. Rom. c. 3, § 24, note 4. International Law. The authority under which former German colonies were taken over and administered under the treaty of Versailles.

Mandate in Foreign Legal Encyclopedias

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Mandate Mandate in the European Legal Encyclopedia.
Mandate Mandate in the Asian Legal Encyclopedia.
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Mandate Mandate in the Australian Legal Encyclopedia.

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Mandate Mandate in the Antritrust Portal of the American Encyclopedia of Law.
Mandate Mandate in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Mandate Mandate in the Constitutional Law Portal of the American Encyclopedia of Law.
Mandate Mandate in the Tax Law Portal of the American Encyclopedia of Law.
Mandate Mandate in the and Finance and Banking Portal of the American Encyclopedia of Law.
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Mandate Mandate in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Mandate Mandate in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

In Practice. A judicial command or precept issued by a court or magistrate, directing the proper officer to enforce a judgment, sentence, or decree. Commonly applied to the precept issued by an appellate court after decision of the cause, commanding the lower court to proceed therein. In Contracts. A bailment of property in regard to which the bailee engages to do some act without reward. Story, Bailm. i 137; 148 111. 186. The contract of mandate in the civil law is not limited to personal property, nor does it require a delivery of personal property when it relates to that. Poth. de Mand. note 1; Civ. Code La. arts. 2954-2964. It is, however, restricted to things of a personal nature at common law, and of these there must be a delivery, actual or constructive. Story, Bailm. § 142; 3 Strob. (S. C.) 343. Mandates and deposits closely resemble each other; the distinction being that in mandates the care and service are the principal, and the custody the accessory; while in deposits the custody is the principal thing and the care and service are merely accessory. Story, Bailm. § 140. In Civil Law. The instructions which the emperor addressed to a public functionary, and which were to serve as rules for his conduct. These mandates resembled those of the proconsuls, the mandata jurisdictio, and were’ ordinarily binding on the legates or lieutenants of the emperor of the imperial provinces, and there they had the authority of the principal edicts. Savigny. Dr. Rom. c. 3, § 24, note 4. International Law. The authority under which former German colonies were taken over and administered under the treaty of Versailles.

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Notice

This definition of Mandate Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Meaning of Mandate

In plain or simple terms, Mandate means: A judicial command from a court or judge, directing the proper officer to enforce a judgment.

Resources

See Also

  • Legal Topics.
  • Further Reading (Articles)

    REPEALING MANDATES NO QUICK FIX, The Record (Bergen County, NJ); February 26, 1995; DAVID GLOVIN, JOHN MOONEY, CHARLES YOUNG, and NEIL

    Mandate for Palestine, Encyclopaedia Judaica; January 1, 2007; Efron, Daniel

    Mandates won’t fix health-care crisis.(HEALTH INSURANCE), New Hampshire Business Review; April 27, 2007; Roche, Jim

    Mandate for Change: Give Cities a Break, Nation’s Cities Weekly; September 20, 1993; Lashutka, Gregory

    Mandate Madness Unjustified, Commission Says, Nation’s Cities Weekly; January 22, 1996; Fletcher, Jeff

    Unfunded Mandates – the Regulatory Problem, State Legislatures; September 1, 1997; Zimmerman, Christopher

    Insurance Mandates and Health Care Costs: Requiring Insurance Companies to Cover Certain Services Has Defendants and Opponents, State Legislatures; January 1, 2004; Wasserman, Stephanie

    Unfunded Mandates: Views Vary About Reform Act’s Strengths, Weaknesses, and Options for Improvement., General Accounting Office Reports & Testimony; May 1, 2005

    Unfunded Mandates and Fiscal Federalism: A Critique, Vanderbilt Law Review; October 1, 1997; Adler, Robert W.

    Unfunded Mandates Likely to Continue;Effect of Limits Sought by States Appears More Political Than Legal, The Washington Post; February 5, 1995; Dan Morgan

    Presidential Mandates: How Elections Shape the National Agenda. (Book Reviews)., Presidential Studies Quarterly; December 1, 2001; McCarty, Nolan

    Presidential Mandates: How Elections Shape the National Agenda.(Review), The
    American Prospect; July 2, 2001; NELSON, MICHAEL

    Unfunded Mandates: A Closed Chapter?, Public Management; July 1, 1995; Novinson, John

    Federal Mandates: Identification Process Is Complex and Federal Agency Roles Vary., General Accounting Office Reports & Testimony; April 1, 2005

    Mandate prevents health ‘free riders’; Stripping it from the reform would have grim consequences.(NEWS), Star Tribune (Minneapolis, MN); December 24, 2010

    Unfunded mandates; Proposed bills need principled refinement.(NEWS), Star Tribune (Minneapolis, MN); January 23, 1995

    Mandate reform sponsor: law works, but older unfunded mandates persist.(Rob Portman, Unfunded Mandates Reform Act), The Bond Buyer; March 25, 1996; REsnick, Amy B.

    Unfunded Mandates: Balancing State and National Needs, Brookings Review; March 22, 1995; St. George, James R.

    Mandates coverage keeps people uninsured.(HEALTH INSURANCE)(health insurance mandates), New Hampshire Business Review; October 26, 2007; Gregg, Judd

    Fed Mandates Just Pass Buck to Cities, Chicago Sun-Times; January 13, 1995; Raymond R. Coffey


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