Quasi-judicial duty refers to a duty that can be carried out by a non-judicial officer in specific situations. This duty involves making discretionary judgements in an official or fiduciary capacity. A duty is an obligation that one person has towards another and must be fulfiled. There are various types of duties, including legal, moral, and fiduciary duties. Duties can be categorized as perfect or imperfect, active or passive, and delegated or non-delegable. Additionally, duties can also pertain to taxes, such as import duty, estate duty, and tonnage duty.
Quasi-judicial duty refers to discretionary judicial responsibilities that can be carried out by nonjudicial officers in certain situations. It encompasses any action, task, performance, or observance that an individual is obligated to fulfil in an official or fiduciary role. For instance, a city council member may have a quasi-judicial duty to hear and make decisions on zoning appeals. Although not a judge, the council member assumes a judicial function in their official capacity. Similarly, a corporate board member has a quasi-judicial duty to act in the best interests of the company and its shareholders. These examples demonstrate how individuals in official or fiduciary positions may be tasked with making decisions akin to those made by judges, despite not being judges themselves. They must exercise their discretion and judgement to ensure fairness and justice in their decision-making.
A quasi-judicial duty refers to the authority given to a government agency or administrative body to make decisions that are similar to those made by a court. These decisions typically involve resolving disputes, interpreting laws, and applying regulations.
While both quasi-judicial and judicial duties involve making legal decisions, the key difference lies in the authority and jurisdiction. Judicial duties are performed by courts and judges, whereas quasi-judicial duties are carried out by administrative bodies or agencies that have been granted limited judicial powers.
Quasi-judicial duties can encompass a wide range of cases, including zoning and land-use disputes, licensing and permit applications, disciplinary actions against professionals, and administrative appeals. These cases involve the application of laws and regulations to specific factual situations.
Quasi-judicial proceedings must adhere to the principles of natural justice, which include providing notice to all parties involved, an opportunity to be heard, impartial decision-making, and the right to present evidence and cross-examine witnesses. These safeguards ensure fairness and due process.
Yes, decisions made in quasi-judicial proceedings can generally be appealed. The specific appellate process may vary depending on the jurisdiction and the nature of the case. It is advisable to consult with an attorney to understand the applicable appeal procedures.
Quasi-judicial bodies consider relevant laws, regulations, and policies, as well as the facts and evidence presented during the proceedings. They must base their decisions on the applicable legal framework and ensure that their reasoning is supported by the evidence and arguments presented.
Yes, quasi-judicial bodies have the authority to issue binding decisions. These decisions have legal consequences and must be complied with by the parties involved. Failure to comply may result in further legal action or penalties.
Yes, quasi-judicial decisions are generally subject to judicial review. This means that a court can review the decision-making process and the legality of the decision itself. However, the scope of judicial review may be limited to certain grounds, such as errors of law or procedural irregularities.
Yes, if there is evidence of bias or impartiality on the part of a quasi-judicial body, it can be challenged. Parties involved in the proceedings have the right to raise concerns about bias and seek remedies, such as recusal of a biased decision-maker or a new hearing before a different body.
Yes, quasi-judicial bodies typically have the power to enforce their decisions. They may have the authority to issue orders, impose penalties, or take other necessary actions to ensure compliance with their decisions. Non-compliance may result in further legal consequences.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/quasi-judicial-duty/
- Modern Language Association (MLA):Quasi-Judicial Duty. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/quasi-judicial-duty/.
- Chicago Manual of Style (CMS):Quasi-Judicial Duty. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/quasi-judicial-duty/ (accessed: May 09 2024).
- American Psychological Association (APA):Quasi-Judicial Duty. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/quasi-judicial-duty/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts