Also known as: submissions to the assertion of authority · acquiescence
Written by attorneys · grounded in primary & secondary sources — see below
Conduct by which a person yields to or accepts another's claim of power or control. Such submission can indicate consent, ratification, or authorization depending on the surrounding circumstances and relationship of the parties.
Sterling Dynamics held a pending contract claim against a foreign government in federal court. After the President entered an executive agreement creating an international commission and directing suspension of all such suits, Sterling Dynamics withdrew its complaint rather than contest the order. The company's decision to comply channeled its dispute into the commission process instead of continued litigation.
Steven Silva appeared before a federal judge and stated he wished to proceed without an attorney. The judge accepted the statement and allowed the trial to continue without appointing counsel. Silva's express yielding to the court's authority over the proceeding constituted a valid waiver of the right to counsel.
Select any source to read its text and confirm it supports the definition.
Sarah Sullivan stood at her doorway while officers announced they would search for evidence of a crime. She stepped aside without objection and watched the officers enter and collect items. Her yielding to the officers' assertion of authority allowed the search to proceed without a warrant challenge.
Santiago Sanchez answered his door when officers arrived without a warrant. He remained silent and did not block their entry while they searched the premises. His submission to the officers' show of authority permitted the search to occur without immediate resistance or objection.
Spencer Silver was captured abroad and transferred to a military facility. He complied with orders to remain in the designated area and did not demand civilian judicial review. His submission to the executive's assertion of detention authority kept him in military custody pending further proceedings.
Sofia Stern was taken to an interrogation room and questioned by detectives. She responded to their inquiries without requesting an attorney or invoking silence. Her submission to the officers' assertion of authority over the interview allowed the questioning to continue and produced statements later offered at trial.
No. A suspect's mere verbal acquiescence to a show of authority under coercive circumstances does not amount to voluntary consent or a non-custodial encounter.
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Acquiescence by the principal in conduct of an agent whose previously conferred authorization reasonably might include it indicates that the conduct was authorized.
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The President, with at least implicit approval from Congress, has authority to settle claims of U.S. citizens against foreign governments by executive agreement, especially where there is a history of congressional acquiescence.
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Acquiescence by the principal in a series of acts by the agent indicates authorization to perform similar acts in the future, but only when the conduct reasonably falls within prior authorization.
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…emphasized "the best interests of the patient," "sound clinical judgment," and "informed patient consent," in contrast to "mere acquiescence to the patient's demand." The resolutions asserted that abortion is a medical procedure that should be performed by a licensed physician in an accredited hospital only after consultation…