Apr 30, 2010 15:48
14 yrs ago
1 viewer *
English term

rightness clause

English Law/Patents Law (general)
From an audio file that I am transcribing. They talk about a mandamus and they say that it's like a "rightness clause". I realize that's not what they are saying, but it sounds like that....

Discussion

Gary D May 2, 2010:
My understanding Is that a mandamus is regarded as "an extraordinary writ or command - commanding an official to perform a ministerial act that the law recognizes as an absolute duty "and not a matter for the official's discretion;" used only when all other judicial remedies fail." So determining it as a "Righteous Clause" is saying it is "unquestionable" "Absolute" and can never be ignored as being the correct decision or direction undertaken.

Responses

3 days 5 hrs
Selected

righteous clause

A clause which is morally justified and is included in the mandamus

--------------------------------------------------
Note added at 3 days5 hrs (2010-05-03 21:20:55 GMT)
--------------------------------------------------

It contains this wonderfully righteous clause that I think should be adopted by all industries that deal with music:

Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you!"
9 mins

righteous cause

That's the only possibility I can think of offhand.
Peer comment(s):

neutral B D Finch : Wouldn't that be more religious than legal?
19 mins
You're probably right, it was a wild guess anyway.
Something went wrong...
1 hr

cite as cause

seeing as it is a mandamus. I can't hear the file so it is just a guess.
Something went wrong...
18 hrs

(like a) "right to" clause

This is my rather "colloquial" rendering....and a guess as well. It was inferred from the below website with the definition of Mandamus.

http://en.wikipedia.org/wiki/Mandamus

Legal requirements
The applicant pleading for the writ of mandamus to be enforced should be able to show that he has a legal "right to" compel the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities:[3] It must be a duty of public nature and the duty must be imperative and should not be discretionary.
Mandamus, being a discretionary remedy, the application for that must be made in good faith and not for indirect purposes. Acquiescence cannot, however, bar the issue of mandamus. The petitioner must, of course, satisfy the Court that he has the legal "right to" the performance of the legal duty as distinct from mere discretion of authority.[
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search