Also known as: temporary · de facto
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An interim position held by a person serving temporarily in an official role. The designation signals that the individual exercises the powers of the office only until a permanent appointment occurs.
An interim position held by a person serving temporarily in an official role. The designation signals that the individual exercises the powers of the office only until a permanent appointment occurs.
Conduct by which a person performs functions or exercises authority in a particular capacity or relationship. The term identifies the manner in which the actor engages with third parties or carries out duties under law.
Austin Abbott confronts a neighbor over a property line and swings a baseball bat wildly near the neighbor's head. The neighbor suffers serious injury. A factfinder may infer that Austin acted with reckless indifference to human life, supplying implied malice for a murder charge.
Aether Technologies obtains a temporary restraining order against a former employee without notifying the employee. The order must state the date and hour it issued, describe the irreparable injury, explain why notice was omitted, and expire within fourteen days unless extended for good cause.
Conduct by which a person performs functions or exercises authority in a particular capacity or relationship. The term identifies the manner in which the actor engages with third parties or carries out duties under law.
Each sense below has its own examples, sources, and questions.
Anika Anand and her child have lived in State A for two years while the other parent resides elsewhere. A court in State A may exercise child-custody jurisdiction because the child and at least one parent acting as a parent maintain a significant connection with the state beyond mere physical presence.
Atlas Ventures forms an LLC that incurs a large supplier debt. A creditor sues the manager personally. Because the manager was acting solely as a manager, the statute shields the manager from personal liability for the company's obligation.
A general partner in Apex Dynamics LP negligently damages a third party's property while supervising a routine partnership project. The limited partnership is liable for the resulting loss because the partner was acting in the ordinary course of the partnership's activities.
A partner in Ashford Manufacturing causes injury to a customer by misrepresenting product specifications during a standard sales call. The partnership is liable for the loss because the partner was acting in the ordinary course of the partnership's business.
No. The term frequently describes the manner in which a person performs duties or exercises authority in an ongoing capacity, such as a partner acting in the ordinary course of business or a manager acting as a manager of an LLC.
Acting with reckless indifference to an unjustifiably high risk to human life supplies implied malice under the common-law definition of murder.
The order must state the date and hour it was issued, describe the injury and why it is irreparable, explain why notice was not given, and be promptly filed and entered in the record.
The phrase identifies an individual who has physical custody of the child or claims a right to custody and has a significant connection with the state that supports jurisdiction.
…answering and requested the questions be put in writing and that he have time to determine whether he would answer. He had been acting as Secretary of State at the time and opined he was not bound to answer as to facts which came officially to his knowledge while so acting. The questions were written and handed to him and…