Also known as: retains · retained · retaining
Written by attorneys · grounded in primary & secondary sources — see below
To keep or maintain possession or control of property, rights, or status after a transfer or triggering event.
Roland Rhodes grabs a wallet from Rachel Ramirez on the street. When she immediately pursues him, he shoves her to the ground to keep the wallet and escape. The force used right after the taking satisfies the requirement that the defendant employ violence to retain possession immediately after obtaining the property.
Rhea Reynolds borrows money from Redwood Bank and signs a mortgage on her home. She continues living in the house and collecting rents while making payments. The mortgage gives the bank a security interest but leaves Reynolds in possession and with the right to redeem upon repayment.
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Regal Apparel sells its overseas manufacturing plants but keeps its domestic design and retail operations. Because the retained activity accounts for more than the statutory threshold of consolidated revenue and assets, shareholder approval for the disposition is not required.
Ralph Richardson conveys the front half of his parcel to Rajesh Rao but keeps the rear half that has no road access. The conveyance implies an easement over the front parcel so Richardson can reach the public road, because the retained land would otherwise lack reasonable enjoyment.
Rhapsody Entertainment, a private youth organization, refuses to keep an openly gay volunteer as an assistant leader. A state antidiscrimination law cannot force the group to retain the individual because compelled inclusion would burden the organization's right to express its moral values.
Rosalind Reed seeks to modify a prior custody order placing primary custody with Roland Rhodes. Because no material change in circumstances has occurred since the decree, the court retains the original custodian to serve the child's best interests.
Force or threats used immediately after obtaining property to prevent the victim's pursuit or prompt recovery satisfies the retention element. The violence must occur while the defendant still holds the property and is attempting to keep it.
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No. The mortgagor retains possession and the equity of redemption. The mortgage creates only a security interest. Foreclosure is required before the mortgagee can obtain full ownership.
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Shareholder approval is required only when the disposition would leave the corporation without a significant continuing business activity. Retention of a qualifying level of activity conclusively satisfies the test and avoids the vote.
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A servitude is implied to grant or reserve rights necessary for reasonable enjoyment of the retained land unless the conveyance clearly shows the parties intended to deprive the property of those rights.
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No. When forced inclusion would significantly burden the group's ability to express its sincerely held views, the First Amendment protects the group's right to decide whom to retain as a member.
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A court may modify only upon a showing of changed circumstances since the decree and that modification serves the child's best interests. Absent such findings the court retains the original custodian.
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…under which abortions are performed. Moreover, the risk to the woman increases as her pregnancy continues. Thus, the State retains a definite interest in protecting the woman's own health and safety when an abortion is proposed at a late stage of pregnancy. The third reason is the State's interest—some phrase it in…