Also known as:manifests · manifested · manifesting · manifestation · manifestly · evident · obvious · clear
Written by attorneys — see sources below.
To express or demonstrate clearly by words or conduct an intention, belief, or attitude.
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How its tested
Common Examples
6
Mortgage Satisfaction Recorded
Maurice Marshall tenders full payment of the mortgage debt to the lender. The lender accepts the funds and records a satisfaction of mortgage in the public records. Title is reconveyed to Maurice and the lien is removed from the chain of title.
Victim Attendance at Hearing
Mariam Mansour, the victim of an assault, seeks to attend the public sentencing hearing. The court finds no clear and convincing evidence that her presence would alter her testimony and permits her to remain throughout the proceeding.
Adoptive Admission by Silence
Ming Ma stands silent when an associate states in his presence that they jointly committed the charged offense. The prosecution offers the associate's statement against Ming at trial as an adoptive admission.
Madison Meyers, presiding over a criminal trial, refers to the defendant's ethnicity during a ruling on a motion. The comment is recorded and later cited as evidence that the judge manifested bias in performing judicial duties.
Principal's Grant of Authority
Malcolm McKinley tells his employee that she may negotiate and sign contracts on his behalf for the purchase of inventory. The employee agrees and begins placing orders in Malcolm's name.
Revocation Communicated to Offeree
Megan Moore mails an offer to sell land. Before the offeree responds, Megan sends a letter stating she no longer wishes to sell. The offeree receives the second letter and the power to accept terminates.
4 common questions
Students Frequently Ask...
What constitutes a sufficient manifestation of assent to create an agency relationship?
A principal must communicate to the agent, by words or conduct, that the agent is authorized to act on the principal's behalf. The agent must then consent to act under that authority. Both the manifestation and the consent are required.
Supporting sources
How does a manifestation of intent affect an outstanding offer?
When an offeree receives from the offeror a clear expression that the offeror no longer intends to be bound, the offeree's power of acceptance ends. The expression may be made by words or conduct and need not use any particular formula.
Supporting sources
When may a statement be treated as an adoptive admission under the evidence rules?
A statement is admissible against a party if the party manifested, by words or conduct, that the party adopted the statement or believed it to be true. Silence in the face of an accusatory statement made in the party's presence can supply the required manifestation.
Supporting sources
What conduct by a judge violates the rule against manifesting bias?
A judge violates the rule by words or conduct that demonstrate bias or prejudice based on race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation. The prohibition applies during the performance of judicial duties and extends to staff under the judge's control.
Supporting sources
438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)
…government may execute laws or programs that adversely affect recognized economic values. Exercises of the taxing power are one obvious example. A second are the decisions in which this Court has dismissed “taking” challenges on the ground that, while the challenged government action caused economic harm, it did not…