Judicial acts require the exercise of some judicial discretion, ministerial acts require none.

Explanation

(English-origin maxim.) Judicial acts require the judge to exercise discretion and judgment, while ministerial acts are performed mechanically according to fixed rules with no room for independent decision.

Where this applies

• A clerk of court who stamps and files documents is performing a ministerial act that requires no judgment — she simply follows the rules mechanically.
• A judge who decides whether to admit a piece of evidence exercises judicial discretion, weighing relevance and prejudice — that is a judicial act, not a clerical one.
• An officer who issues a routine traffic ticket performs a ministerial act, but a judge who decides whether to dismiss that ticket based on the circumstances exercises judicial discretion.