Written by attorneys · grounded in primary & secondary sources — see below
A written instruction or order issued by a person in authority directing specific actions or conduct by others.
Sources & Authorities
How it applies
Common Examples
6
Federal Rule Governs Directive Challenge
Willow West, managing partner at Winterhaven Logistics, issues a written directive locking emergency exits during sales. In a diversity suit by a limited partner alleging breach of the duty of care, the federal rule on commencing the action applies even though it conflicts with a state procedural requirement.
Mortgage Survives Specific Devise
Winston Ward's will contains a general written directive to pay all debts. After his death the executor learns that a specific parcel devised to Wanda Williams is subject to an existing mortgage. The parcel passes to Wanda subject to the mortgage with no right of exoneration from estate assets.
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Cases
Uniform Acts
Restatements
Dictionaries
Wellesley Media, a student publication, receives a written directive from university administrators denying funding for an issue containing religious viewpoints. The publication challenges the directive as viewpoint discrimination in a suit against the university.
Rosenberger v. Rector and Visitors of the University of Virginia515 U.S. 819 (1995)
Medical Directive Evidence Weighed
Wilma Wright's family presents a written directive she executed years earlier stating her wishes regarding artificial nutrition. In litigation over whether treatment should continue, the court evaluates whether the directive supplies clear and convincing evidence of her intent.
Cruzan by Cruzan v. Director, Missouri Dept, of Health497 U.S. 261, 277 (1990)
Legislative Directive Challenged
Wayne Walker, an immigrant facing deportation, receives a written directive from the executive branch implementing a legislative veto provision. He challenges the directive on separation-of-powers grounds in federal court.
Immigration & Naturalization Service v. Jagdish Rai Chadha462 U.S. 919, 954 n. 16, 103 S.Ct. 2764, 2785 n. 16, 77 L.Ed.2d 317
Publication Directive Fair Use Dispute
Whitestone Bank holds a manuscript and issues a written directive authorizing limited excerpts for news reporting. A publisher sues for copyright infringement, and the court assesses whether the directive supports a fair-use defense.
Harper & Row Publishers, Inc. v. Nation Enterprises471 U.S. 539, 566 (1985)
Common questions
Frequently Asked
3
What standard determines whether a general partner's written directive breaches the duty of care?+
The directive breaches the duty when it constitutes grossly negligent or reckless conduct, willful or intentional misconduct, or a knowing violation of law. Receipt of official written warnings that the directed conduct is illegal, followed by persistence in the policy, satisfies this standard.
Does a general written directive in a will exonerate a specific devise from an existing mortgage?+
No. A specific devise passes subject to any mortgage interest existing at death without any right of exoneration, regardless of a general directive in the will to pay debts.
How does a written directive function in advance-care planning?+
It records the patient's wishes concerning medical treatment and supplies evidence for courts evaluating whether to discontinue life-sustaining measures when clear and convincing proof of intent is required.
462 U.S. 919, 954 n. 16, 103 S.Ct. 2764, 2785 n. 16, 77 L.Ed.2d 317Legislation and Regulation
…the law is involved. The Steel Seizure Case resolved that the Art. II mandate for the President to execute the law is a directive to enforce the law which Congress has written. Youngstown Sheet & Tube Co. v. Sawyer , 343 U. S. 579 (1952). "The duty of the President to see that the laws be executed is a duty that…