master

master, n.

1. One who has personal authority over another’s services; specif., a principal who employs another to perform one or more services and who controls or has the right to control the physical conduct of the other in the performance of the services; EMPLOYER (the law of master and servant). [Cases: Master and Servant

1. C.J.S. Apprentices §§ 2, 11; Employer–Employee Relationship §§ 2–3, 6–12.]

“[A] master is a species of principal. All masters are principals, but all principals are not necessarily masters. A principal becomes a master only if his control of the agent’s physical conduct is sufficient.” William A. Gregory, The Law of Agency and Partnership 5 (3d ed. 2001).

2. A parajudicial officer (such as a referee, an auditor, an examiner, or an assessor) specially appointed to help a court with its proceedings. • A master may take testimony, hear and rule on discovery disputes, enter temporary orders, and handle other pretrial matters, as well as computing interest, valuing annuities, investigating encumbrances on land titles, and the like — usu. with a written report to the court. Fed. R. Civ. P. 53.

— Also termed special master. [Cases: Federal Civil Procedure 1871–1908; Reference 35–77. C.J.S. References §§ 40–72, 141–148.]

special master. A master appointed to assist the court with a particular matter or case. [Cases: Federal Civil Procedure 1871–1908; Reference 1–34. C.J.S. References §§ 2–39.]

standing master. A master appointed to assist the court on an ongoing basis. [Cases: Reference 1–34. C.J.S. References §§ 2–39.]


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译者Jenny,毕业于英国顶尖的高级翻译学院,擅长翻译各种与ERISA 诉讼相关的法律文件。
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