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A ministerial act is a government action "performed according to legal authority, established procedures or instructions from a superior, without exercising any individual judgment."〔(The Free Dictionary ) (quotation redacted and ellipses removed).〕 It can be any act a functionary or bureaucrat performs in a prescribed manner, without exercising any individual judgment or discretion.〔Id.; Ballentine's Law Dictionary, p. 341.〕 Under law, this would be classified under the rubric of public policy. == Examples of what is, and is not, ministerial == Examples of ministerial acts include: * the entry of an order of the court by a clerk of the court,〔Ballentine's, supra.〕 * notarization (acknowledgement) by a notary public, 〔N.Y. Penal L. section 195.00 (requiring a notary to officiate upon request); see also People v. Brooks, 1 Den. 457; which may be found at (N.Y. Notary Law ).〕 * mechanical processing of an income tax return〔See: (California Tax regulations ).〕 * determining the existence of facts and applying them as required by law, without any discretion〔See discussion at:(Virginia Land Use law ), citing Richlands Medical center v. Commonwealth, 230 Va. 384 (1985), Bd. of Co. Supervisors of Prince William Co. v. Hylton Enterprises, Inc., 216 Va. 582(1976).〕 * issuance of a building permit〔:(Virginia Land Use law ), supra, citing Town of Jonesville v. Powell Valley Village LP, 254 Va. 70 (1997).〕 *approval of a subdivision real estate〔(Virginia Land Use law ), supra, citing Planning Comm'n of City of Falls Church v. Berman, 211 Va. 774 (1971).〕 * approval of a demolition permit〔(Ministerial Act news )〕 * a court's remand for "the correction of language in a judgment or the entry of a judgment in accordance with a mandate"〔(Second Circuit Blog ), citing Burell V. United States, No. 05-2945-cr (2nd Cir. 2006)(decision by Sotomayor, J.), at ().〕 Actions that are not ministerial would include: * a decision about application of a tax law, auditing of an income tax return, determining facts and applying law to those facts, and prioritizing such returns〔See, supra, (California Tax regulations )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Ministerial act」の詳細全文を読む スポンサード リンク
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