Written by attorneys · grounded in primary & secondary sources — see below
A person who belongs to a group, body, or organization by election, appointment, ownership, or public invitation.
Sources & Authorities
How it applies
Common Examples
6
Threat to Family Member in Robbery
Mason McCarthy approached Meredith Maxwell on the street and demanded her purse while stating he would immediately harm her brother, who stood nearby. Meredith resisted but surrendered the purse when Mason grabbed her arm with enough force to overcome her grip. The threat to her brother satisfied the intimidation element because it created an immediate risk of serious injury to a person in her presence.
House Vote by State Members
After the electoral college produced no majority, the House of Representatives convened to choose the President. Malcolm McKinley, a representative from one state, joined other members from two-thirds of the states to form a quorum. The vote proceeded on a state-by-state basis, with each state's members casting a single collective ballot.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Class Members Seeking Individual Control
Mohan Malhotra and other proposed class members each held separate claims against Meridian Motors for defective parts. Because the class members demonstrated strong individual interests in controlling their own prosecutions, the court declined to certify the class under the superiority requirement. Each member retained the right to pursue a separate action.
Insufficient Grand Jury Members
After hardship excusals, only fourteen persons remained on the grand jury panel summoned to consider charges against Melissa Mills. The court had not ordered additional qualified persons to restore the required minimum. Because the body lacked the necessary sixteen members, it could not lawfully return an indictment.
Judge's Family Member Economic Interest
Madison Meyers appeared before Judge Morgan, whose adult child residing in the household held stock in Monarch Pharmaceuticals, a party to the proceeding. The judge knew of this ownership interest. The family member's economic stake required the judge to disqualify herself from the case.
Public Invitee on Open Land
Mosaic Retail opened its parking lot to the public for shopping during business hours. Morgan Financial's employee entered the lot as a member of the public to visit the store. Because the employee qualified as a public invitee, the store owed a duty of reasonable care to keep the premises safe.
Common questions
Frequently Asked
4
How many members must a federal grand jury have?+
A federal grand jury must consist of not fewer than sixteen and not more than twenty-three members. The court must summon enough qualified persons to meet this requirement whenever the public interest so requires.
Supporting sources
When does a judge's family member create a recusal obligation?+
A judge must recuse when the judge knows that a spouse, domestic partner, parent, child, or any other family member residing in the household has an economic interest in the subject matter or in a party to the proceeding.
Supporting sources
What factor in class certification considers class members' desire for individual control?+
Rule 23(b)(3)(A) requires the court to consider the class members' interests in individually controlling the prosecution or defense of separate actions when deciding whether a class action is superior.
Supporting sources
Who qualifies as a public invitee on land?+
A public invitee is a person invited to enter or remain on land as a member of the public for a purpose for which the land is held open to the public.
Supporting sources
17 U.S. (4 Wheat.) 316 (1819)Business Associations
…plaintiff contests the validity of an act passed by that State. The conflicting powers of the Government of the Union and of its members, as marked in the Constitution, are to be considered, and an opinion given which may essentially influence the great operations of the Government. No tribunal can approach such a question…