Also known as: maisters · master · masters
Written by attorneys · grounded in primary & secondary sources — see below
A principal who employs an agent to perform service in his affairs and who controls or has the right to control the physical conduct of the other in the performance of the service.
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Melanie Morris donates to a judicial campaign hoping to secure appointment as a special master in a complex commercial case. The contribution triggers scrutiny under rules governing appointments because the donation aims to obtain the engagement rather than reflect general political support. The court must evaluate whether the contribution undermines selection based on merit.
Miles Montgomery owns a factory that directs every motion of assembly worker Mia through timed instructions and a detailed manual. Even though a temp agency issues her paycheck, Montgomery qualifies as her maister because he controls the physical details of her performance. This relationship determines whether the factory faces vicarious liability for her negligence.
Malcolm McKinley hires a worker to operate machinery on his construction site and dictates the exact sequence of movements and safety protocols. Because McKinley controls the physical conduct of the work, he stands as the worker's maister under agency principles. The classification decides whether the employer bears responsibility for injuries caused during the tasks.
Mason McCarthy serves as court-appointed master to resolve disputed engineering measurements in a product liability trial. The judge relies on McCarthy's findings after reviewing them for clear error. The appointment underscores the maister's role in controlling specialized fact-finding delegated by the court.
Michael Miller faces a murder charge and the state requires him to disprove malice to reduce the offense to manslaughter. The Supreme Court holds that the prosecution must prove every element including the absence of heat of passion. The decision prevents shifting the burden away from the state as the effective maister of the criminal proceeding.
Michelle Murphy challenges a state law limiting bakery employees to ten hours per day. The Court examines whether the regulation exceeds the state's police power over working conditions. The analysis treats the employer as maister whose control over employee hours falls within constitutional bounds.
A maister controls or has the right to control the physical conduct of the agent in performing the service. An independent contractor relationship exists when the hiring party does not exercise that control over the manner of performance.
…decrees in these cases;" "(b) if so, what specific issues should the decrees reach;" "(c) should this Court appoint a special master to hear evidence with a view to recommending specific terms for such decrees;" "(d) should this Court remand to the courts of first instance with directions to frame decrees in these cases…