Directory Statutes v. Mandatory Statutes Flashcards
Differentiate between directory statutes v. mandatory statutes.
A directory statute is a statute which is permissive or discretionary in nature and merely outlines the act to be done in such a way that no injury can result from ignoring it or that its purpose can be accomplished in a manner other than that prescribed and substantially the same result obtained.
A mandatory statute is a statute which commands either positively that something be done, or performed in a particular way, or negatively that something be not done, leaving the person concerned no choice on the matter except to obey.
A mandatory statute is one that contains words of command or of prohibition, the omission to follow which renders the proceeding to which it relates illegal and void.
