what does mandate to issue mean
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Mandate or Remand However, an appellate court retains control over an appeal until it issues a mandate and the decision is not final until a mandate is issued. Thus, the lower court order remains in effect until the mandate is issued.[ii] A mandate is effective when it is issued. The duty to issue a mandate is the responsibility of the court clerk who must execute certain established procedures which themselves constitute the issuance of the mandate.
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- Calendar year 2014 was the. first year in which individuals were expected to comply with the individual mandate requirement. Because the penalties are assessed through the federal tax filing process, calendar year 2015 is the. first year in which the penalty is assessed (for calendar year 2014).
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What is a Mandate? - Definition & Examples The idea of a mandate is a pretty hazy one, since there's no legal definition for it and no specific set of circumstances in which you can apply it. But this hasn't stopped many national candidates and political parties from claiming that they had one.
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mandate Normally revocable until executed, a mandate is automatically terminated on the bankruptcy, incapacitation, removal from office, or death of the mandator. A check, for example, is a mandate issued by a customer of a bank, to pay it as instructed, from a customer's account balance.
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Rule 41. Mandate: Contents; Issuance and Effective Date; Stay P. 41(b) (“The court’s mandate must issue 7 days after the time to file a petition for rehearing expires, or 7 days after entry of an order denying a timely petition for panel rehearing, petition for rehearing en banc, or motion for stay of mandate, whichever is later.”).
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What Is the Mandate of Heaven? The Mandate of Heaven is an ancient Chinese philosophical concept, which originated during the Zhou Dynasty (1046-256 BCE). The Mandate determines whether an emperor of China is sufficiently virtuous to rule; if he does not fulfill his obligations as emperor, then he loses the Mandate and thus the right to be emperor.
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- mandatenoun [ C usually singular ] uk ​ /ˈmæn.deɪt/ us ​ /ˈmæn.deɪt/. mandate noun [ C usually singular ] (AUTHORITY) › the authority given to an elected group of people, such as a government, to perform an action or govern a country: At the forthcoming elections, the government will be seeking a fresh mandate from the people.
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National Federation of Independent Business v. Sebelius The individual mandate cannot be upheld as an exercise of Congress's power under the Commerce Clause, Roberts wrote. That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it.
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Why the Appellate Mandate Matters Initially, it is up to the district court to determine the scope of the mandate, and the parties may want, or be asked, to present their views on what the district court may consider on remand. The ultimate determination, however, belongs to the appellate court—the court that issued the mandate. See Engel Indus.
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mandate A mandate from a leader is a command you can't refuse. But that kind of personal command is rarely the meaning of mandate today; much more common are connected with institutions. Thus, the Clean Air Act was a mandate from Congress to clean up air pollution—and since mandate is also a verb, we could say instead that the Clear Air Act mandated new restrictions on air pollution.
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- mandate. 1  a command or authorization to act in a particular way on a public issue given by the electorate to its representative: The president had a clear mandate to end the war. 2  a command from a superior court or official to a lower one: The appellate court resolved the appeal and issued a mandate to the district judge.
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Chinese History - Ancient era The Mandate of Heaven was a well-accepted and popular idea among the people of China, since it argues for the removal of incompetent or despotic rulers, and provided an incentive for rulers to rule well and justly.he Mandate of Heaven does not require that a legitimate ruler be of noble birth, and dynasties were often founded by people of common birth (such as the Han dynasty and Ming dynasty). The Mandate of Heaven had no time limitations, depending instead on the just and able performance of the ruler and his heirs.
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Rule 41. Mandate: Contents; Issuance and Effective Date; Stay The court's mandate must issue 7 days after the time to file a petition for rehearing expires, or 7 days after entry of an order denying a timely petition for panel rehearing, rehearing en banc, or motion for stay of mandate, whichever is later. The court may shorten or extend the time.
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mandate 2. any authoritative order or command: a royal mandate. 3. (in the League of Nations) a commission given to a nation to administer the government and affairs of a former Turkish territory or German colony. 4. such a territory or colony. 5. a command from a superior court or official to a lower one.
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Rule 41. Mandate: Contents; Issuance and Effective Date; Stay If the court of appeals grants a stay of the mandate, the stay must not exceed 90 days, unless the period is extended for good cause or unless the party who obtained the stay. files a petition for the writ and so notifies the circuit clerk in writing within the period of. the stay.
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What Does the EOBR Mandate Mean for Fleet Tracking Systems? This means that no provider is certified yet for this mandate, but when the standards are available you can be sure GPSTrackIt will certify a solution as quickly as possible. In the meantime, having drivers switch to electronic logs now will help create good habits and allow you to integrate your other systems in preparation of the finalization of the mandate.
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- (September 2011) In politics, a mandate is the authority granted by a constituency to act as its representative. The concept of a government having a legitimate mandate to govern via the fair winning of a democratic election is a central idea of representative democracy.
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- DEFINITION of 'Issue'. 1. The process of offering securities as an attempt to raise funds. Companies may issue bonds or shares to investors as a method of financing the business.
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Environment and Health A project of NYCOM. Mandates. State mandates come in many shapes and sizes. Typically, they are thought of as statutory or regulatory provisions that require a local government to deliver a service without providing the funding to go along with it. These types of mandates are perhaps the easiest to identify and quantify.
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What is MANDATE? In the practice of the supreme court of the United States, the mandate is a precept or order issued upon the decision of an appeal or writ of error, directing the action to be taken, or disposition to be made of the case, by the inferior court In some of the state jurisdictions, the name “mandate” has been substituted for “mandamus” as the formal ...
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National Ehr Mandate National EHR Mandate The goal of the EHR mandate is to ensure that appropriate information to guide medical decisions is available at the time and place of care. Additionally, it is to improve the quality of health care, the reduction of medical errors, to advance the delivery of appropriate and evidence-based medical care, and to reduce of health care costs.
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mandate Examples of mandate in a Sentence. Sports fans have considerable forbearance. Year after year they endure escalating ticket prices, the abomination known as seat licensing and the implied mandate that taxpayers should foot the bill for the new stadium or arena that will absolutely revive downtown.
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- Not everyone is subject to the individual mandate. You have likely heard that Obamacare imposes an individual mandate, which means that just about everyone is required to have health insurance starting in 2014. There are, however, exceptions to this rule.
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mandate mandate definition. A command or an expression of a desire, especially by a group of voters for a political program. Politicians elected in landslide victories often claim that their policies have received a mandate from the voters.
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mandate c. Scots law a contract by which a person is engaged to act in the management of the affairs of another. vb (tr) 6. (Law) international law to assign (territory) to a nation under a mandate. 7. to delegate authority to.
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mandate a command or authorization to act in a particular way on a public issue given by the electorate to its representative: The president had a clear mandate to end the war. 2. a command from a superior court or official to a lower one: The appellate court resolved the appeal and issued a mandate to the district judge.