Also known as: reserves · reserving · reserved · reserve judgment
Written by attorneys · grounded in primary & secondary sources — see below
To retain a right, power, or asset for a specific future purpose or person.
Roberto Reyes, a state governor, challenged a federal statute directing the organization of state militias. The law expressly reserved to the states the appointment of officers and the authority to train the militia according to congressional standards. The court upheld the statute because the reservation preserved state control over those functions while granting Congress authority to set the overall framework.
Rina Rahman leased commercial space from Raven Logistics under a written agreement that reserved monthly rent of $8,000 due on the first of each month. When Rahman missed the June payment, Raven Logistics sent notice of default and sued for the amount due. The court found a breach because the tenant failed to pay the rent reserved in the lease on the due date.
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Rita Russell conveyed a landlocked parcel to Rowan Russell but retained an easement across the conveyed land for access to a public road. The deed contained no language negating the necessity of access. The court implied the servitude because the conveyance would otherwise deprive the grantor of reasonable enjoyment of the retained parcel.
Ralph Richardson executed a will devising his estate to the trustee of a revocable trust he had created during life. The will identified the trust and incorporated its terms by reference. The court upheld the devise even though Richardson had reserved the right to amend or revoke the trust before his death.
Rosalind Reed moved for judgment of acquittal at the close of the government's case. The court denied the motion but allowed Reed to present her defense without first reserving the right to do so. After the jury convicted her, the court considered the renewed motion on the full record.
Riverfront Developments adopted articles of incorporation that reserved to shareholders the power to issue shares for non-cash consideration. The board later attempted to authorize such an issuance on its own. The court held the action invalid because the articles had reserved that power to the shareholders.
A conveyance implies a servitude granting or reserving necessary rights unless the language or circumstances clearly indicate the parties intended to deprive the property of those rights. Courts examine whether the retained land would otherwise lack reasonable enjoyment without the reserved interest.
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A defendant may offer evidence after denial of a motion for judgment of acquittal at the close of the government's case without having reserved the right to do so. The court then decides any renewed motion on the basis of all evidence presented.
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Failure to pay the rent reserved in the lease on or before the due date constitutes a breach of the tenant's obligation unless the tenant is legally excused. The landlord may then recover the amount due and pursue other remedies provided by the lease or law.
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The articles may reserve to shareholders any powers otherwise granted to the board, including the authority to issue shares for consideration. When reserved, the board lacks power to exercise that authority on its own.
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A will may devise property to the trustee of a trust the testator established during life even if the testator reserved rights to amend or revoke the trust. The devise remains valid regardless of later amendments or the trust's size at death.
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…penumbras, see Griswold v. Connecticut , 381 U.S. 479 (1965); Eisenstadt v. Baird , 405 U.S. 438 (1972); or among those rights reserved to the people by the Ninth Amendment, Griswold v. Connecticut , 381 U.S., at 486 (Goldberg, J., concurring). Before addressing this claim, we feel it desirable briefly to survey, in…