Mandatory in United States
Mandatory Definition
Containing a command; peremptory. As applied to statutes, a provision is mandatory if proceedings in disregard of it are absolutely void. 1 Duer (N. Y.) 79.
Mandatory in Foreign Legal Encyclopedias
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Mandatory | Mandatory in the World Legal Encyclopedia. |
Mandatory | Mandatory in the European Legal Encyclopedia. |
Mandatory | Mandatory in the Asian Legal Encyclopedia. |
Mandatory | Mandatory in the UK Legal Encyclopedia. |
Mandatory | Mandatory in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Mandatory
Scan Mandatory in the appropriate area of law:
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Mandatory | Mandatory in the Family Law Portal of the American Encyclopedia of Law. |
Mandatory | Mandatory in the IP Portal of the American Encyclopedia of Law. |
Mandatory | Mandatory in the Commercial Law Portal of the American Encyclopedia of Law. |
Mandatory | Mandatory in the Criminal Law Portal of the American Encyclopedia of Law. |
Mandatory | Mandatory in the Antritrust Portal of the American Encyclopedia of Law. |
Mandatory | Mandatory in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
Mandatory | Mandatory in the Constitutional Law Portal of the American Encyclopedia of Law. |
Mandatory | Mandatory in the Tax Law Portal of the American Encyclopedia of Law. |
Mandatory | Mandatory in the and Finance and Banking Portal of the American Encyclopedia of Law. |
Mandatory | Mandatory in the Employment and Labor Portal of the American Encyclopedia of Law. |
Mandatory | Mandatory in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
Mandatory | Mandatory in the Environmental Law Portal of the American Encyclopedia of Law. |
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Legal Issue for Attorneys
Containing a command; peremptory. As applied to statutes, a provision is mandatory if proceedings in disregard of it are absolutely void. 1 Duer (N. Y.) 79.
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Notice
This definition of Mandatory Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Resources
See Also
Further Reading (Articles)
Mandatory Rules of the Rome I Regulation: Not “Old Wine in New Bottles”/R GLES IMPÉRATIVES DE R GLEMENT ROME I: PAS DE “VIEUX VIN DANS DE NOUVELLES BOUTEILLES”, Canadian Social Science; March 1, 2011; Wang, Lei
Mandatory Terms: Routinely Evaded But Still Popular; Sentencing Commission Finds Many Provisions Never Used, The Washington Post; September 24, 1991; Tracy Thompson;
Mandatory and Fair? A Better System of Mandatory Arbitration, The Yale Law Journal; June 1, 2012; Farmer, Miles B.
Mandatory Service Bulletins?(Fine Print), Aircraft Maintenance Technology; October 1, 2007
Mandatory Minimums in the Federal System: Turning a Blind Eye to Justice, Human Rights; January 1, 2004; Price, Mary
MANDATORY SENTENCING.(mandatory sentencing laws in Australia criticised after youth dies in custody), Arena Magazine; June 1, 2000; MCCULLOCH, JUDE
Mandatory Disclosure Of Commercial Building Energy Efficiency., Mondaq Business Briefing; March 11, 2009
Mandatory Retirement in Canada Has “Gone the Way of the Kiki Bird” –It’s Very Rare!, LawNow; May 1, 2012; McKay-Panos, Linda
Mandatory HIV Testing of Pregnant Women: Public Health Policy Considerations and Alternatives, Duke Journal of Gender Law & Policy; June 22, 2002; Nicholson, Erin
Mandatory peer review is pure folly. (Commentary) (column), Accounting Today; March 4, 1991; Valek, Bernard M.
Let’s Abolish Mandatory Minimums: The Punishment Must Fit the Crime, Human Rights; April 1, 2009; Gill, Molly M
Mandatory Sentencing and Indigenous Australians, Mondaq Business Briefing; March 21, 2014; Monemvasitis, Patricia
An Update on Mandatory Retirement, Mondaq Business Briefing; December 21, 2012
The delusion of mandatory sentencing; the wrong approach to fighting crime., Trial; August 1, 1994; Broderick, Vincent L.
Farewell to the Mandatory Costs Schedule?, Mondaq Business Briefing; July 12, 2013; Cooke, Robert
Ethical Problems of Mandatory Minimum Sentences, Tikkun; March 1, 1998; Dolinko, David
Management Referrals vs. Mandatory Referrals: Are They One and the Same?, The Journal of Employee Assistance; July 1, 2006
Online boilerplate: would mandatory website disclosure of e-standard terms backfire?(Boilerplate: Foundations of Market Contracts Symposium), Michigan Law Review; March 1, 2006; Hillman, Robert A.
FAMM Poll: Americans Oppose Mandatory Minimums, Will Vote for Candidates Who Feel the Same., Biotech Week; October 8, 2008
Mandatory arbitration: Taking away big rights with small print, New Pittsburgh Courier; January 30, 2002; V, Leo A, Clifford
Mandatory in the Federal Budget Process
Meaning of Mandatory in the congressional and executive budget processes (GAO source): A term that usually modifies either “spending” or “amount.” “Mandatory spending,” also known as “direct spending,” refers to budget authority that is provided in laws other than appropriation acts and the outlays that result from such budget authority. Mandatory spending includes entitlement authority (for example, the Food Stamp, Medicare, and veterans’ pension programs), payment of interest on the public debt, and nonentitlements such as payments to states from Forest Service receipts. By defining eligibility and setting the benefit or payment rules, Congress controls spending for these programs indirectly rather than directly through appropriations acts. “Mandatory amount” refers to the level of budget authority, outlays, or other budgetary resources that are controlled by laws other than appropriations acts. Budget authority provided in annual appropriations acts for certain programs is treated as mandatory because the authorizing legislation entitles beneficiaries to receive payment or otherwise obligates the government to make payment. (See also Appropriated Entitlement; Appropriations under Forms of Budget Authority under Budget Authority; Multiple-Year Authority and No-Year Authority under Duration under Budget Authority; Committee Allocation; Direct Spending Authority; Discretionary; Entitlement Authority; Gramm-Rudman-Hollings.)
Resources
See Also
- Federal Appropriations
- Entries about the United States Budget Process in the Encyclopedia (including Mandatory)
- Public Debt
Further Reading
- Legislatures and the budget process: the my
th of fiscal control(J Wehner, 2010)
- Reconcilable Differences?: Congress, the Budget Process, and the Deficit (JB Gilmour, 1990)
- Fiscal institutions and fiscal performance
(JM Poterba, J von Hagen, 2008)
Mandatory Minimums in relation to Crime and Race
Mandatory Minimums is included in the Encyclopedia of Race and Crime (1), beginning with: Mandatory Minimums Mandatory minimum sentencing laws remove judges’ discretion in the sentencing process by requiring a sentence of a specific length for a convicted individual when certain criteria have been met. For example, a federal conviction for possession of half a kilogram or more of powder cocaine leads to a mandatory sentence of at least 5 years in prison. Drug cases are the most common offenses receiving mandatory minimums. While mandatory minimums have proven to be effective when targeted at higher-level offenders, they have also dramatically increased incarceration rates for nonviolent offenders and have contributed to sentencing disparities. This section describes the objectives of mandatory minimum sentencing and examines both the effectiveness and the unintended consequences of these laws. Before the standardization of minimum sentencing under mandatory minimum laws, judges had unlimited discretion in the sentencing of convicted individuals.
Resources
Notes and References
- Entry about Mandatory Minimums in the Encyclopedia of Race and Crime
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