Also known as: procure · procures · procured · procuring · procurationem · procurations · procurator · procurators · procuratory · procuratrix · per procurationem · p.p. · agency · proxy
Written by attorneys · grounded in primary & secondary sources — see below
The act of appointing an agent or attorney-in-fact or the authority granted to that appointee to act on behalf of the principal.
Philip Powell told the homeowner he was a licensed inspector needing to check wiring. Once inside the dwelling he used force to open an interior door. The homeowner's consent was ineffective because it had been obtained by an agent whose procuration rested on misrepresentation.
Paula Pierce arranged for the key declarant to leave the country before trial. Because the proponent had used an agent whose procuration caused the declarant's absence to prevent testimony, the hearsay exception under Rule 804 was unavailable.
Parker Phillips signed an appointment form authorizing his attorney-in-fact to vote his shares at the annual meeting. The inspector of elections treated the procuration as effective upon receipt and counted the votes accordingly.
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Portia Price had participated personally in a regulatory matter while serving as a government attorney. After leaving office she could not represent a private client in the same matter absent written agency consent obtained through proper procuration channels.
Phoebe Park accepted appointment as purchasing agent for Prime Logistics. Because the procuration created an agency relationship, she owed fiduciary duties to the principal in all matters within the scope of her authority.
Pilar Pena convinced her elderly uncle to change his will by falsely claiming his children had abandoned him. The court set aside the bequest because the donative transfer had been obtained by an agent whose procuration rested on undue influence.
Consent procured by fraud or threats is treated as constructive breaking rather than lawful entry. The resident's apparent permission is ineffective when the defendant uses misrepresentation to gain access.
A proponent cannot rely on the declarant's unavailability if the proponent procured or wrongfully caused that unavailability to prevent testimony. The rule expressly withholds the exception in such circumstances.
A shareholder may vote shares by proxy. The appointment becomes effective when the signed form or electronic transmission is received by the inspector of elections or authorized officer.
A lawyer who participated personally and substantially in a matter as a public officer may not later represent a client in that same matter without the agency's informed written consent.
An agent is a fiduciary with respect to matters within the scope of the agency. The appointment therefore imposes duties of loyalty and care toward the principal.
A donative transfer is invalid to the extent it was procured by undue influence, duress, or fraud. The transfer fails when the wrongdoer overcame the donor's free will or used coercion or misrepresentation.
…woman's womb or that a premature birth thereof be caused. "Art. 1192. Furnishing the means "Whoever furnishes the means for procuring an abortion knowing the purpose intended is guilty as an accomplice. "Art. 1193. Attempt at abortion "If the means used shall fail to produce an abortion, the offender is nevertheless…