Also known as:supervise · supervises · supervised · supervising · supervisors · supervisor
Written by attorneys · grounded in primary & secondary sources — see below
Direction or control exercised by one party over the actions or performance of another to ensure compliance with standards or obligations.
Sources & Authorities· 39 primary sources
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
How it applies
Common Examples
6
Complex Construction Contract
Sapphire Holdings contracted with Skyline Construction for a multi-phase commercial development requiring ongoing adjustments to plans and materials. When Skyline breached, Sapphire sought specific performance. The court refused the remedy because the character and magnitude of performance would require disproportionate judicial supervision over years of work.
Religious Housing Preference
A religious organization operated a nonprofit housing facility under its direct supervision and control. The organization limited occupancy to members of its faith. The Fair Housing Act permitted the limitation because the facility was operated for a noncommercial purpose under the organization's supervision.
Forensic Report Testimony
In a criminal trial the prosecution offered a lab report through the testimony of a supervisor who had not performed or observed the testing. The defendant objected on confrontation grounds. The court held the supervisor could not substitute for the actual analyst because the report was offered for its truth.
Parental Negligent Supervision
Sylvia Santos allowed her minor child to play unsupervised near a busy street after repeated warnings about traffic. The child darted into traffic and caused an accident injuring a pedestrian. The pedestrian sued Santos, alleging her negligent supervision proximately caused the harm.
Parental Immunity Claim
Samantha Stone's unemancipated minor child sued her for injuries sustained when Stone negligently supervised the child during a family activity. The court applied parental immunity because the claim arose from the exercise of parental authority and supervision within the family relationship.
Law Firm Associate Oversight
Spectrum Financial assigned a complex litigation matter to a new associate without any partner review or training. The associate committed ethical violations that harmed the client. The firm faced discipline because partners failed to provide reasonable supervision and guidance.
Common questions
Frequently Asked
6
When does the burden of court supervision bar specific performance?+
A promise will not be specifically enforced if the character and magnitude of performance would impose burdens of enforcement or supervision disproportionate to the advantages gained and the harm from denial. The court weighs the practical difficulties of ongoing oversight against the benefit of enforcement.
Supporting sources
Does the Fair Housing Act permit religious organizations to limit housing under their supervision?+
Yes. The statute expressly allows a religious organization or a nonprofit it operates, supervises, or controls to limit occupancy of its noncommercial dwellings to persons of the same religion.
May a supervisor testify in place of the forensic analyst who performed the testing?+
No. The prosecution cannot avoid a confrontation violation by presenting a forensic report through a supervisor or surrogate who played no role in performing or observing the testing. The actual analyst must be subject to cross-examination.
Supporting sources
Are parents vicariously liable for a child's torts solely because of the parent-child relationship?+
No. Parental liability arises only when the parent's own negligence, such as negligent supervision or entrustment, is a proximate cause of the child's tortious conduct.
Supporting sources
Does parental immunity bar a child's suit for negligent supervision?+
Yes. An unemancipated minor may not sue a parent for ordinary negligence arising out of the exercise of parental authority, supervision, or discretion within the family relationship, subject to limited exceptions.
Supporting sources
What obligation do supervising attorneys have toward new associates?+
Partners and supervising attorneys must provide reasonable training and oversight. A firm may not leave new associates to sink or swim on complex matters without guidance, and failure to supervise can be a basis for discipline when it contributes to ethical violations.
Supporting sources
of its courts is so insistent and rooted in custom as to establish beyond doubt the right of its courts to determine the interests of all claimants, resident or nonresident, provided its…
hostile to the basic principles of our Government." Sproles v. Binford , 286 U. S. 374, 388 (1932). Cf. Keystone Bituminous Coal Assn. v. DeBenedictis , 480 U. S. 470, 491, n. 21…
TortsOther torts · Claims based on nuisance, and defensesUBEFoundational