Also known as:governments · governmental · governmentally · govt · state authority
Written by attorneys · grounded in primary & secondary sources — see below
The sovereign power in a nation or state. An organization through which a body of people exercise political authority and the structure of principles and rules determining how that authority is regulated.
Sources & Authorities
How it applies
Common Examples
6
Citizen Petition to Agency
Giselle Guerrero drafted a petition urging a federal agency to revise its licensing rules. She submitted the document to the agency headquarters seeking redress of grievances. The agency accepted the filing and scheduled a public hearing on the requested changes.
Deposition of State Agency
Glenn Gross served a deposition notice on the state environmental agency in a pollution suit. The notice described with reasonable particularity the topics for examination. The agency designated its compliance director to testify on its behalf about the matters listed.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Genevieve Gardner, now a judge, appeared pro se before a municipal zoning board to challenge a permit denial affecting her family property. She presented arguments without using the prestige of her judicial office. The board considered her submission on the same terms as any other citizen.
Former Government Lawyer Screening
Gerald Gibson joined a private firm after serving as a state regulator. The firm screened him from a matter involving a company he had regulated. The remaining lawyers handled the representation without his participation or fee share.
Spousal Privilege Challenge
Gabriel Gonzalez and his wife exchanged letters about business dealings while married. Prosecutors subpoenaed the letters in a criminal case against Gabriel. The government bore the burden of overcoming the presumption that the communications were confidential.
Trust for Municipal Purpose
Gina Griffin created a trust to fund improvements to a city park and library. The trust instrument stated its purpose as advancing governmental and municipal objectives. The trustee accepted the funds for use in those community projects.
Common questions
Frequently Asked
5
Does the term government include both federal and state entities?+
Yes. The term encompasses the sovereign power at any level, including federal agencies, state departments, and municipal bodies that exercise political authority under the Constitution or state law.
Supporting sources
When may a judge appear before a governmental body without violating the prohibition on practicing law?+
A judge may appear pro se before governmental bodies in personal or family matters but must not use the prestige of office or serve as counsel for others.
How does Rule 30(b)(6) treat a governmental agency as a deponent?+
The rule permits a party to name a governmental agency as the deponent and requires the agency to designate one or more persons to testify about information known or reasonably available to the organization.
What burden does the government carry when challenging a claim of spousal communications privilege?+
The government must overcome the presumption that communications between spouses are confidential rather than requiring the asserting spouse to prove confidentiality.
May a charitable trust be created for governmental purposes?+
Yes. A charitable trust may be created for governmental or municipal purposes that benefit the community, such as funding public parks or libraries.
5 U.S. (1 Cranch) 137 (1803)Property
…an injury. It is a general rule that where there is a legal right there is also a legal remedy by suit or action at law. The government of the United States is a government of laws and not of men; it will cease to deserve that appellation if the laws furnish no remedy for the violation of vested legal rights. The question…