Also known as: directives · EU directive
Written by attorneys · grounded in primary & secondary sources — see below
An authoritative instruction or command issued by a court, legislature, principal, or other authority to guide or require specific conduct. The instruction carries binding force within its domain and determines the obligations of the recipient.
Diane Dawson sued in federal court under diversity jurisdiction after a car accident. State procedure required a different filing deadline than Federal Rule of Civil Procedure 3. The court applied the federal rule because it was valid and on point, allowing the case to proceed despite the state conflict.
Dustin Donovan's will contained a general directive to pay all debts. He specifically devised a house that carried an existing mortgage at his death. The devise passed subject to the mortgage with no right of exoneration for the beneficiary.
Select any source to read its text and confirm it supports the definition.
Deborah Dunn, a state sheriff, received a federal directive under the Brady Act requiring her office to perform background checks on handgun buyers. She refused, arguing the command violated the Tenth Amendment by forcing state officers to administer a federal program.
Doris Duffy's state legislature considered authorizing sports betting. A federal statute directed states not to authorize or license such schemes. The Court held the directive violated anti-commandeering rules because it ordered state legislative action rather than regulating private conduct.
Dylan Duffy invoked the privilege against self-incrimination in state court. The directive from the Fifth Amendment, applied through the Fourteenth, required the state to honor the federal standard rather than a narrower state version.
Damian Decker's family sought to discontinue life support. The court required clear and convincing evidence of his wishes, noting that a formal advance directive would satisfy the standard while informal statements might not.
A valid Federal Rule of Civil Procedure applies in diversity even if it conflicts with state law provided the federal rule is arguably procedural and within the Rules Enabling Act. Where no federal directive governs, state law controls to avoid forum shopping.
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No. A specific devise passes subject to any mortgage existing at death without right of exoneration regardless of a general directive to pay debts.
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The federal government may not issue directives requiring states to address particular problems or command state officers to administer or enforce a federal regulatory program.
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A sanction may include nonmonetary directives limited to what suffices to deter repetition of the conduct.
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Yes. A presently exercisable power allows the donee to issue a directive effective immediately during life even if the instrument also permits testamentary exercise.
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…cease; a request for counsel brings about the same result until a lawyer is procured. Finally, there are a miscellany of minor directives, for example, the burden of proof of waiver is on the State, admissions and exculpatory statements are treated just like confessions, withdrawal of a waiver is always permitted, and so…