Also known as:expels · expelled · expelling · expulsion · deport
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
1
in tort law
A privilege allowing a possessor of land or chattels to use reasonable force to remove an intruder. The privilege exists only when the actor reasonably believes the intruder poses an imminent threat of death or serious bodily harm to the actor or a protected third person.
2
Sense 1
1
in tort law
A privilege allowing a possessor of land or chattels to use reasonable force to remove an intruder. The privilege exists only when the actor reasonably believes the intruder poses an imminent threat of death or serious bodily harm to the actor or a protected third person.
Sources & Authorities· 1 source
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Restatements
Sense 2
2
in business associations
The removal of a partner or member from a partnership or limited liability company, resulting in dissociation. Expulsion may occur by agreement, judicial order, or operation of law when an entity partner willfully dissolves or terminates.
Sources & Authorities· 4 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Sense 3
3
in constitutional law
The power of each house of Congress to remove one of its members by a two-thirds vote.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
The removal of a partner or member from a partnership or limited liability company, resulting in dissociation. Expulsion may occur by agreement, judicial order, or operation of law when an entity partner willfully dissolves or terminates.
3
in constitutional law
The power of each house of Congress to remove one of its members by a two-thirds vote.
Each sense below has its own examples, sources, and questions.
Examples1
Intruder Threatens Homeowner
Ewan Eckhart discovers an armed stranger breaking into his garage at night. After yelling for the intruder to leave, Ewan reasonably believes the man will attack him or his family. Ewan uses force to drive the intruder out. The force is privileged because Ewan reasonably feared serious harm and first requested the intruder to desist.
Frequently Asked1
When may a landowner use force to expel an intruder?+
A landowner may use reasonable force to expel an intruder only when the landowner reasonably believes the intruder will cause death or serious bodily harm unless removed. The landowner must first request the intruder to leave unless a request would be futile or dangerous.
Supporting sources
Examples4
Corporate Partner Dissolves
Equinox Energy, a corporate general partner in a limited partnership, holds a board vote to dissolve itself. The dissolution causes Equinox to be expelled from the partnership under the statute. The remaining partners may recover damages caused by the wrongful dissociation.
Agreement Authorizes Expulsion
Ezra Eastman and two other partners sign an agreement allowing expulsion of any partner by unanimous consent. When Ezra repeatedly misses meetings and harms the business, the other partners vote to expel him. Ezra's dissociation is effective immediately under the agreement term.
Court Orders Partner Removal
Elliot Edmonds, a partner in a term partnership, engages in fraud against the business. The other partners obtain a judicial order expelling him under the statute. The order terminates Elliot's partnership interest and subjects him to liability for resulting damages.
Entity Willfully Terminates
Elite Dynamics, a corporate partner, votes to dissolve itself before the partnership term ends. The dissolution expels Elite from the partnership by operation of law. Elite remains liable for damages the partnership suffers from the loss of its participation.
Frequently Asked2
What makes a partner's dissociation by expulsion wrongful?+
Dissociation by expulsion is wrongful when it breaches an express provision of the partnership agreement, occurs before the end of a definite term without a statutory exception, or results from a corporate partner's willful dissolution.
Supporting sources
Does expulsion from a partnership require judicial action?+
No. Expulsion may occur by agreement of the partners, by judicial order, or automatically when a corporate partner willfully dissolves. Only certain grounds require a court order.
Supporting sources
Examples1
Congress Expels Member
A member of the House is convicted of bribery. The House conducts proceedings and obtains a two-thirds vote to expel the member. The expulsion removes the member from office without judicial review of the chamber's internal decision.
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
Frequently Asked1
What vote is required for Congress to expel a member?+
Each house may expel a member only with the concurrence of two thirds of its members. The decision rests entirely with the chamber and is not subject to judicial review on the merits.
Supporting sources
376 U.S. 254 (1964)Remedies
…7, 1964. [^maj-2]: A copy of the advertisement is printed in the Appendix. [^maj-3]: Respondent did not consider the charge of expelling the students to be applicable to him, since "that responsibility rests with the State Department of Education." [^maj-4]: Approximately 394 copies of the edition of the Times containing…