judicial act

judicial act
An act which involves exercise of discretion or judgment. It is also defined as an act by court or magistrate touching rights of parties or property brought before it or him by voluntary appearance, or by prior action of ministerial officers. An act by member of judicial department in construing law or applying it to a particular state of facts. State ex rel. Tharel v. Board of Com'rs of Creek County, 188 Okl. 184, 107 P.2d 542, 549.
An act of administrative board if it goes to determination of some right, protection of which is peculiar office of courts. Belk's Dept. Store v. Guilford County, 222 N.C. 441, 23 S.E.2d 897, 902.
An act which imposes burdens or confers privileges according to finding of some person or body whether a general rule is applicable or according to discretionary judgment as to propriety. An act which undertakes to determine a question of right or obligation or of property as foundation on which it proceeds. The action of judge in trying a cause and rendering a decision. Application of Gleit, 178 Misc. 198, 33 N.Y.S.2d 629, 630, 631.
Rendition or pronouncement of a judgment is a judicial act and entry thereof a ministerial act. Peoples Electric Co-op, v. Broughton, 191 Okl. 229, 127 P.2d 850, 853.
But if there are matters requiring exercise of court's discretion, entry of decree is judicial act. Stewart v. Superior Court in and for Los Angeles County, 3 Cal.App.2d 702, 40 P.2d 529.
For purposes of judicial immunity, an act is "judicial" if it is a function normally performed by a judge, and parties dealt with judge in his judicial capacity. Martinez v. Winner, C.A.Colo., 771 F.2d 424, 434.
See also decision

Black's law dictionary. . 1990.

См. также в других словарях:

  • judicial act — n: an act deriving from the normal exercise of judicial power within the proper jurisdiction used as a criterion for absolute judicial immunity Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • judicial act — An act which involves exercise of discretion or judgment. It is also defined as an act by court or magistrate touching rights of parties or property brought before it or him by voluntary appearance, or by prior action of ministerial officers. An… …   Black's law dictionary

  • judicial act — The act of a judge in applying the law to the situation presented, as distinguished from a legislative act which predetermines what the law shall be for future cases. Wulzen v Board of Supervisors, 101 Cal 15, 35 P 353. The act of a judge, or an… …   Ballentine's law dictionary

  • judicial act — noun : an act involving the exercise of judicial power; especially : one that determines controversies or questions of right or obligation …   Useful english dictionary

  • quasi judicial act — A judicial act performed by one not a judge. State Tax Commission of Utah v. Katsis, 90 Utah 406, 62 P.2d 120, 123 …   Black's law dictionary

  • judicial — ju·di·cial /jü di shəl/ adj [Latin judicialis, from judicium judgment, from judic judex judge, from jus right, law + dicere to determine, say] 1 a: of or relating to a judgment, the function of judging, the administration of justice, or the… …   Law dictionary

  • act — 1 n 1 a: something done by a person in accordance with his or her free will a tortious act see also actus reus b: the failure to do something that one has a legal duty to do – called also negative act; 2 a …   Law dictionary

  • judicial — Belonging to the office of a judge; as judicial authority. Relating to or connected with the administration of justice; as a judicial officer. Having the character of judgment or formal legal procedure; as a judicial act. Proceeding from a court… …   Black's law dictionary

  • judicial — Belonging to the office of a judge; as judicial authority. Relating to or connected with the administration of justice; as a judicial officer. Having the character of judgment or formal legal procedure; as a judicial act. Proceeding from a court… …   Black's law dictionary

  • judicial function — The exercise of the judicial faculty or office. The capacity to act in the specific way which appertains to the judicial power, as one of the powers of government. The term is used to describe generally those modes of action which appertain to… …   Black's law dictionary


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