Also known as: retain · retains · retained · retaining · retentions
Written by attorneys — see sources below.
4 senses
The continued holding of property obtained by force or threat immediately after the initial taking. The defendant must employ force or intimidation to prevent the victim's prompt recovery or pursuit.
The continued holding of property obtained by force or threat immediately after the initial taking. The defendant must employ force or intimidation to prevent the victim's prompt recovery or pursuit.
A mortgagor's right to maintain possession of real property pledged as security for a debt until default occurs. The mortgage creates a security interest while leaving the mortgagor in possession with an equity of redemption.
A corporation's maintenance of a significant continuing business activity following a sale or disposition of assets. Shareholder approval is required only when the disposition would leave the corporation without such an activity.
The continued holding of judicial office or appointment secured through political contributions made to influence selection. Such contributions raise questions about merit-based selection when made for that purpose.
A mortgagor's right to maintain possession of real property pledged as security for a debt until default occurs. The mortgage creates a security interest while leaving the mortgagor in possession with an equity of redemption.
A corporation's maintenance of a significant continuing business activity following a sale or disposition of assets. Shareholder approval is required only when the disposition would leave the corporation without such an activity.
The continued holding of judicial office or appointment secured through political contributions made to influence selection. Such contributions raise questions about merit-based selection when made for that purpose.
Each sense below has its own examples, sources, and questions.
Rowan Russell grabs a wallet from Rebecca Ross on a sidewalk. When Ross immediately chases him, Russell shoves her to the ground to escape with the wallet. The shove satisfies the retention element because it prevents prompt recovery of the property.
1 common questions
The defendant must use force or threats to keep the property immediately after taking it, such as by blocking the victim's pursuit or preventing prompt recovery. Force used only to obtain the property does not satisfy retention if no further action prevents recovery.
Supporting sources
Ralph Richardson borrows funds from Reliance Insurance secured by a mortgage on his ranch. Richardson continues living on and operating the ranch while making payments. The mortgage leaves Richardson in possession with the right to redeem upon full repayment.
Renata Russo conveys a landlocked parcel to Roland Rhodes without mentioning access. The deed contains no language negating access rights. An easement by implication arises so that Rhodes can reach the conveyed parcel for its reasonable enjoyment.
1 common questions
Under the title theory the mortgagee holds legal title while the mortgagor retains only an equity of redemption. Under the lien theory the mortgagor keeps legal title and the mortgage creates only a lien. The intermediate theory blends both approaches.
Supporting sources
Riverstone Manufacturing sells one of its three manufacturing divisions. The remaining two divisions account for more than twenty-five percent of the company's consolidated assets and income. The sale requires no shareholder vote because the corporation retains a significant continuing business activity.
1 common questions
Shareholder approval is required if the disposition would leave the corporation without a significant continuing business activity. The corporation conclusively retains such an activity if it keeps a business representing at least twenty-five percent of total assets, income, and revenues on a consolidated basis.
Supporting sources
Ronald Reed contributes to a judicial candidate's campaign after learning the judge will soon appoint counsel for a lucrative government contract. The contribution is made to secure consideration for the appointment. The contribution implicates the rule against using political donations to obtain or retain judicial engagements.
A state antidiscrimination statute requires the Boy Scouts to retain an openly gay assistant scoutmaster. The organization sincerely believes homosexual conduct is inconsistent with its moral values. Forced inclusion would burden the group's expressive association rights and cannot be compelled.
1 common questions
No. A lawyer or firm may not make or solicit contributions for the purpose of obtaining or being considered for a government legal engagement or judicial appointment. Such contributions undermine the appearance that selections are based on competence and merit.
Supporting sources
…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…