Also known as: services · serve · serves · served · serving · servicer · process service · loan servicer
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
Work performed by one person for the benefit of another under an agreement or employment relationship. The concept includes both a single transaction and a series of transactions involving continuity.
Work performed by one person for the benefit of another under an agreement or employment relationship. The concept includes both a single transaction and a series of transactions involving continuity.
Congress enacted a statute requiring certain citizens to perform compulsory service in the armed forces during a declared emergency. The law was upheld as an exercise of the enumerated power to raise and support armies and to provide for the common defense. Challengers argued unsuccessfully that the requirement exceeded the scope of Article I authority.
Formal delivery of legal documents to a party or attorney in a lawsuit. The recipient has a duty to avoid unnecessary expenses when waiver is requested.
Sierra Solutions was named as a defendant in a federal action. The plaintiff sent a written notice and request for waiver of service along with the complaint. Sierra Solutions accepted the waiver to avoid the expense of formal service by a process server. The court later enforced the waiver against any later claim of improper service.
Use or occupation of a structure as a dwelling by a person other than the defendant. Occupancy rather than ownership determines whether the structure qualifies as that of another.
Stephen Shaw owned an apartment building but had leased the top floor to Stella Shapiro for her residence. When Stephen entered the unit at night intending to retrieve personal items he had stored there, the court treated the space as the dwelling of another because Stella occupied it for sleeping. The burglary charge proceeded on that basis.
Formal delivery of legal documents to a party or attorney in a lawsuit. The recipient has a duty to avoid unnecessary expenses when waiver is requested.
Use or occupation of a structure as a dwelling by a person other than the defendant. Occupancy rather than ownership determines whether the structure qualifies as that of another.
Each sense below has its own examples, sources, and questions.
Judge Samuel Soto had previously served as counsel for Summit Bank in the same commercial dispute now before him. The parties moved for disqualification under the judicial conduct rule. The judge recused himself because his earlier participation as a lawyer created a disqualifying association with the matter.
Attorney Sabrina Shah learned that her client Scott Summers intended to use her legal services to submit false invoices to a government agency. She reasonably believed the conduct was fraudulent. The attorney terminated the representation to avoid assisting the ongoing scheme.
Synergy Systems hired Simon Stern to handle all of its recurring vendor contracts and ongoing regulatory filings over several years. The arrangement authorized a continuity of service across multiple similar matters. The court classified Simon as a general agent rather than a special agent limited to a single transaction.
A judge must recuse if the judge served as a lawyer in the matter in controversy or was associated with a lawyer who participated substantially in the matter. The prior representation creates a disqualifying connection regardless of compensation.
A lawyer may withdraw when the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent. The rule protects the lawyer from assisting ongoing wrongdoing.
A general agent is authorized to conduct a series of transactions involving continuity of service. A special agent is limited to a single transaction or series not involving such continuity. The distinction affects the scope of apparent and actual authority.
A defendant subject to service has a duty to avoid unnecessary expenses of serving the summons. The plaintiff may request waiver in writing, and acceptance of the request avoids formal service costs while preserving all defenses.
Occupancy rather than ownership controls. An owner may still commit burglary of the owner's own building when tenants occupy and use it as their dwelling. The structure must serve as a dwelling for someone other than the defendant.
…with; and that their commissions were withheld from them. A rule was laid to show cause on the fourth day of the term and duly served. Mr. Lee, in support of the rule, observed it was important to know on what ground a justice of the peace in the District of Columbia holds his office and what proceedings are necessary to…