Also known as:rep · reporter · representative · repealed
Written by attorneys · grounded in primary & secondary sources — see 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.
Sources & Authorities· 17 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
How it applies
Common Examples
6
Electoral College Allocation
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.
Devise Subject to Mortgage
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.
Grand Jury Recording Retention
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.
Post-Breach Memorandum
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.
Landmark Designation Challenge
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.
Penn Central Transportation Co. et al. v. New York City438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)
Common questions
Frequently Asked
3
When does a personal representative have authority to sue or be sued on behalf of an estate?+
Authority 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.
Does an unintentional failure to record grand jury proceedings invalidate a prosecution?+
No. The rule expressly provides that the validity of a prosecution is not affected by an unintentional failure to make a recording.
What must a lawyer disclose when appearing before a legislative body on a client's behalf?+
The lawyer must disclose the representative capacity and must comply with the candor, fairness, and impartiality rules listed in Model Rule 3.9.
410 U.S. 113 (1973)Constitutional Law
…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. [^maj-7]: 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…