Also known as: representatives · agent · proxy
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A member of the House of Representatives. The Constitution vests all legislative powers in a Congress consisting of a Senate and House of Representatives.
A member of the House of Representatives. The Constitution vests all legislative powers in a Congress consisting of a Senate and House of Representatives.
Select any source to read its text and confirm it supports the definition.
A person authorized to act on behalf of another, including a general agent conducting a series of transactions, a partner binding the partnership, or a party making a statement in a representative capacity.
Select any source to read its text and confirm it supports the definition.
A personal representative of an estate who traditionally pays liens from estate assets so that a devisee takes the property free of the lien.
Select any source to read its text and confirm it supports the definition.
A person authorized to act on behalf of another, including a general agent conducting a series of transactions, a partner binding the partnership, or a party making a statement in a representative capacity.
A personal representative of an estate who traditionally pays liens from estate assets so that a devisee takes the property free of the lien.
Each sense below has its own examples, sources, and questions.
Renata Russo, elected to the House from her state, introduces legislation regulating interstate commerce. The bill proceeds through committee because Article I vests legislative power in the House of Representatives. Her vote counts toward passage in that chamber.
The constitutional sense refers to a member of the House of Representatives who exercises legislative power under Article I. The agency sense refers to any person authorized to act on behalf of another, such as a general agent or partner, whose acts bind the principal or partnership.
Supporting sources
Rhea Reynolds, president of Reliance Insurance, tells a claimant during settlement talks that the policy covers the loss. The statement is offered against the company at trial. Because Reynolds spoke in her representative capacity, the admission is admissible as non-hearsay.
Rebecca Ross hires Raymond Ramos as general manager of her hotel chain. Ramos signs a multi-year linen supply contract in the ordinary course of business. The principal is bound because Ramos is authorized to conduct a series of transactions involving continuity of service.
Ricardo Rojas and Roger Ramirez form a construction partnership. Rojas signs a materials contract using the firm name while buying supplies for an ongoing project. The partnership is bound because each partner is an agent for apparently carrying on the partnership business.
Royal Crest Hotels' manager questions an employee about missing funds. The employee admits taking cash in response. Upon the defendant's request, the government must disclose the substance of that oral statement because it was made to a known government agent.
A statement is admissible under Rule 801(d)(2)(A) when made by the party in an individual or representative capacity and offered against that opposing party. The declarant's role at the time of speaking determines whether the statement qualifies.
Supporting sources
A general agent is authorized to conduct a series of transactions involving continuity of service. A special agent is authorized only for a single transaction or series not involving such continuity.
Supporting sources
A partner binds the partnership by an act apparently for carrying on the partnership business in the ordinary course unless the partner lacked authority and the third party knew or had notice of that lack. Acts outside ordinary course require actual authorization by all partners.
Supporting sources
After Riverfront Developments' founder dies, the personal representative uses estate funds to pay off a mortgage on a devised parcel. The devisee receives the land free of the lien under the traditional exoneration rule.
The personal representative traditionally pays liens from estate assets so the devisee takes the property free of the lien. Many jurisdictions have reversed this by statute so the devisee takes subject to the lien unless the will directs exoneration.
Supporting sources
…of two kinds and he exercises functions in two distinct capacities: as a public ministerial officer of the United States and as agent of the President. In the first capacity his duty is to the United States or its citizens; in the other his duty is to the President. In the former capacity he is compellable by mandamus to…