Also known as: rep · reporter · representative · repealed
Written by attorneys — see sources below.
An abbreviation for representative, used to denote a person or body authorized to act for another or elected to speak on behalf of constituents in legal, legislative, or transactional matters.
State legislators direct the appointment of electors equal to the total number of senators and reps in Congress. When a state gains a new rep after the census, its electoral votes increase accordingly. The change affects how the state's votes are cast for president in the next election.
Rosa Ruiz's will devises her mortgaged home to her niece without directing payment of the debt. The personal rep. declines to exonerate the property from estate funds. The niece therefore receives title subject to the existing lien.
During a grand jury investigation the court reporter records all proceedings except deliberations. The government rep. retains custody of the recording and transcript. An unintentional failure to record one session does not invalidate the resulting indictment.
A lawyer appears before a state legislative committee on behalf of a client seeking new regulations. The lawyer states on the record that the appearance is in a representative capacity. The lawyer also adheres to the candor and fairness rules that govern such nonadjudicative proceedings.
After a seller repudiates an oral agreement for the sale of goods, the buyer's rep. prepares and signs a written memorandum confirming the essential terms. The memorandum is created months after the original discussion. It satisfies the statute of frauds and permits enforcement of the contract.
Penn Central's corporate rep. challenges New York City's landmark restrictions on Grand Central Terminal as a taking. The company argues the regulations prevent any reasonable return on the property. The Court evaluates whether the restrictions go too far under the Fifth Amendment.
In 1965 New York City enacted the Landmarks Preservation Law, which created an eleven-member Landmarks Preservation Commission and authorized it to designate buildings at least thirty years old that possess special historical or aesthetic interest. The law required owners of designated landmarks to obtain Commission approval before altering exterior architectural features and imposed an affirmative duty to keep those features in good repair. In August 1967 the Commission designated Grand Central Terminal a landmark and the city tax block it occupies a landmark site; the Board of Estimate confirmed the designation the following month. Penn Central Transportation Co. and its affiliates owned the Terminal, an eight-story Beaux-Arts structure completed in 1913 that served as the main station for the New York Central and Harlem lines. On January 22, 1968, Penn Central entered a fifty-year renewable lease with UGP Properties, Inc., under which UGP agreed to construct a multistory office building cantilevered above the Terminal and to pay Penn Central at least three million dollars annually after construction. Penn Central and UGP submitted two plans prepared by architect Marcel Breuer: Breuer I, a fifty-five-story tower resting on the Terminal roof, and Breuer II Revised, a fifty-three-story building that would have removed part of the 42d Street facade. After four days of hearings at which over 80 witnesses testified, the Commission denied this application as to both proposals. Penn Central filed suit in New York Supreme Court, Trial Term, seeking a declaratory judgment, injunctive relief, and damages for a temporary taking. The trial court granted the injunctive and declaratory relief. The Appellate Division reversed, holding that Penn Central had failed to prove deprivation of all reasonable beneficial use. The New York Court of Appeals affirmed, concluding that the Terminal could still earn a reasonable return and that transferable development rights provided significant compensation. The Supreme Court noted probable jurisdiction.
View caseAuthority exists when the representative is properly appointed under state law and acts within the scope of that appointment. Federal Rule of Civil Procedure 9 requires that such authority be pleaded when contested.
No. The rule expressly provides that the validity of a prosecution is not affected by an unintentional failure to make a recording.
The lawyer must disclose the representative capacity and must comply with the candor, fairness, and impartiality rules listed in Model Rule 3.9.
…The docket entries, App. 2, and the transcript, App. 76, reveal this to be an error. The July date appears to be the time of the reporter's transcription. See App. 77. : We need not consider what different result, if any, would follow if Dr. Hallford's intervention were on behalf of a class. His complaint in…