mandatory statute

mandatory statute
A statute which leaves nothing to the discretion of the court in respect of compliance with its terms; a statute which relates to matters of substance, affects substantial rights, and is of the very essence of the thing required to be done. 1 Am J2d Admin L § 45; 50 Am J1st Stat §§ 180 et seq. A "mandatory provision" in a statute is one which if not followed renders the proceeding to which it relates illegal and void. State v Parnell, 109 Ohio St 246, 142 NE 611.

Ballentine's law dictionary. . 1998.

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  • affirmative statute — A statute couched in affirmative or mandatory terms. One which directs the doing of an act, or declares what shall be done; as a negative statute is one which prohibits a thing from being done, or declares what shall not be done …   Black's law dictionary

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