Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in unjust enrichment
A person who confers a benefit on another without intent to seek compensation or reward. The conferral occurs by free choice rather than under any agreement or expectation of payment, so no restitution claim arises even if the recipient retains the benefit.
2
Sense 1
1
in unjust enrichment
A person who confers a benefit on another without intent to seek compensation or reward. The conferral occurs by free choice rather than under any agreement or expectation of payment, so no restitution claim arises even if the recipient retains the benefit.
Sources & Authorities· 2 sources
Select any source to read its text and confirm it supports the definition.
Study Supplements
Sense 2
2
in judicial disqualification
An ordinary participant in a political campaign whose relationship to a judge is not so close or central that it automatically requires the judge's recusal from a case involving that participant.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
An ordinary participant in a political campaign whose relationship to a judge is not so close or central that it automatically requires the judge's recusal from a case involving that participant.
Each sense below has its own examples, sources, and questions.
Examples5
Marriage Settlement Volunteer Rights
Violet Vidal received property under a marriage settlement that named her only as a volunteer beneficiary. When creditors of the settlor later sought the assets, the court treated Violet's interest as subordinate because she had given no consideration for the transfer.
Seaver v. Ransom224 N.Y. 233, 120 N.E. 639 (1918)
Volunteer Search Party Discovery
Vance Vogel organized a group of local volunteers to search a wooded area for a missing child. Police later obtained a confession that led them to the body. Because the volunteers were already systematically covering the same ground, the body would have been found independently of the confession.
Nix v. Williams (Williams II)467 U.S. 431 (1984)
Clinic Volunteer Protection Order
Vaughn Valentine volunteered at a women's health center by escorting patients past protesters. An injunction later barred protesters from harassing any volunteer assisting at the clinic. Vaughn's status as a volunteer brought him within the order's protection even though he received no pay.
Madsen v. Women’s Health Center, Inc.512 U.S. 753 (1994)
Volunteer of Criminal Record Information
Virgil Volpe, a reporter, asked a prosecutor whether a defendant had any prior convictions. The prosecutor declined to volunteer the information, citing the risk of prejudice before trial. The decision preserved the fairness of the proceedings by avoiding unnecessary disclosure.
Nebraska Press Association v. Stuart427 U.S. 539 (1976)
Volunteer Teacher Civil Rights Claim
Viktor Voronin worked without pay as a volunteer teacher at a Freedom School. When he was denied service at a restaurant because of his students' race, he sued under federal civil rights law. His volunteer status did not prevent him from asserting the claim as a person acting under color of custom.
Adickes v. S.H. Kress & Co.398 U.S. 144, 152 (1970)
Frequently Asked3
Why is a volunteer denied restitution for an unsolicited benefit?+
A volunteer confers the benefit by free choice and without any expectation of payment. Allowing recovery would upset the recipient's reasonable expectation that the benefit was a gift and would undermine the policy against officious intermeddling.
Supporting sources
Can a volunteer still be treated as a servant under agency law?+
Yes. One who volunteers services without an agreement for reward may nevertheless become a servant of the person accepting the services if the latter exercises control over the manner of performance.
How does the volunteer label affect a third-party beneficiary's rights under a marriage settlement?+
A volunteer beneficiary under a marriage settlement receives the property without having given consideration. Creditors of the settlor may therefore reach the assets because the transfer lacks the protections afforded to purchasers for value.
Supporting sources
1
Campaign Volunteer Does Not Disqualify Judge
Vera Vu served as a volunteer handing out flyers for Judge Harlan's reelection campaign. Years later, Vera appears as counsel in a case assigned to Judge Harlan. Because Vera's role was limited to ordinary volunteer work rather than a central campaign position, the judge need not recuse.
Frequently Asked1
When does a campaign volunteer's relationship to a judge require recusal?+
Ordinary campaign volunteers do not trigger automatic disqualification. Only central roles such as campaign manager or treasurer create a relationship close enough that a reasonable person would question the judge's impartiality.
Supporting sources
467 U.S. 431 (1984)Criminal Procedure
…a blanket with hair strands similar to hers were found in the car. A search for the child’s body was organized, involving 200 volunteers, and the searchers were instructed to check any abandoned farm buildings or culverts in a specified area. Meanwhile, Williams was arrested in Davenport and was arraigned on the outstanding…