Also known as: remoteness · remote cause · remoteness of damage
Written by attorneys · grounded in primary & secondary sources — see below
4 senses
A search is remote when it occurs at a time or place substantially removed from the arrest. Such a search falls outside the search-incident rationale and requires separate justification.
A search is remote when it occurs at a time or place substantially removed from the arrest. Such a search falls outside the search-incident rationale and requires separate justification.
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Remote communication refers to electronic or other non-physical means by which shareholders may participate in meetings. Notice of such meetings must describe the means of remote communication when authorized.
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Remoteness measures the proximity of the actor's conduct to the interference with contractual relations. Greater remoteness weighs against liability for intentional interference.
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Remote descendants are those beyond the first generation from a designated ancestor in a class gift. Terms such as children or grandchildren presumptively exclude more remote descendants unless contrary intent appears.
Select any source to read its text and confirm it supports the definition.
Remote communication refers to electronic or other non-physical means by which shareholders may participate in meetings. Notice of such meetings must describe the means of remote communication when authorized.
Remoteness measures the proximity of the actor's conduct to the interference with contractual relations. Greater remoteness weighs against liability for intentional interference.
Remote descendants are those beyond the first generation from a designated ancestor in a class gift. Terms such as children or grandchildren presumptively exclude more remote descendants unless contrary intent appears.
Each sense below has its own examples, sources, and questions.
Police arrest Rita Russell at the scene of a traffic stop and impound her car. Two days later officers search the vehicle at the impound lot and discover contraband. The search is remote in time and place from the arrest, so it cannot be justified as incident to arrest.
A search is too remote when it is not substantially contemporaneous in time and place with the arrest. Delayed searches after impoundment require independent justification.
Supporting sources
Reliance Insurance schedules its annual shareholders meeting and authorizes remote participation. The notice sent to Rajesh Rao describes the video platform to be used and the record date. Shareholders receive the notice within the required window before the meeting.
Radiant Technologies' board decides to hold the annual meeting solely by remote communication. Shareholders receive notice of the electronic platform and participate from their own locations. The meeting proceeds without a physical location.
The notice must describe the means of remote communication to be used and the record date for determining shareholders entitled to vote.
Supporting sources
A corporation may hold the meeting solely by remote communication when the board determines to do so and implements required measures for shareholder participation.
Supporting sources
Rosa Ruiz persuades a supplier to breach its contract with Rowan Russell by offering better terms. The persuasion occurs through a chain of intermediaries several steps removed from the original contract. The remoteness of Ruiz's conduct reduces the likelihood of liability for interference.
Greater remoteness of the actor's conduct from the interference weighs against finding liability under the Restatement factors.
Supporting sources
Rachel Ramirez's will leaves property to her children. Renee Rogers, a grandchild, claims a share. The gift to children excludes grandchildren and more remote descendants, so Renee takes nothing.
Redwood Bank's trust distributes assets to the issue of the settlor. Great-grandchildren of the settlor claim shares alongside living children. The term issue includes descendants of the first and more remote generations, so the great-grandchildren qualify.
Terms such as children presumptively mean only first-generation descendants and exclude grandchildren or more remote descendants unless contrary intent is shown.
Supporting sources
…it touches subjects on which the States have historically been the primary legislators. Neither suggestion is tenable. As for remoteness, it may or may not be wise for the National Government to deal with education, but Justice Breyer has surely demonstrated that the commercial prospects of an illiterate State or Nation are…