Which of the following is true regarding the discretion of the court in appointing a receiver? A) The court's discretion is limited to specific financial disputes. B) The court has... Which of the following is true regarding the discretion of the court in appointing a receiver? A) The court's discretion is limited to specific financial disputes. B) The court has broad discretion based on the principles of justice and expediency. C) The court can only appoint a receiver if both parties agree. D) The court's decision cannot be influenced by the type of property involved.
Understand the Problem
The question is asking which statement about the court's discretion in appointing a receiver is true. It involves understanding the legal principles governing court powers in appointing receivers and the conditions under which they can exercise this authority.
Answer
The court has broad discretion based on the principles of justice and expediency.
The court has broad discretion based on the principles of justice and expediency.
Answer for screen readers
The court has broad discretion based on the principles of justice and expediency.
More Information
Courts generally have broad discretion to appoint a receiver when it finds it just and expedient to protect the interests of parties or to manage property involved in legal disputes. This discretion is rooted in the principles of justice and expediency, allowing courts to intervene effectively.
Tips
A common mistake is to assume that court discretion is limited by specific conditions or agreements of parties involved, but the court's power is broader to ensure justice.
Sources
- receivership | Wex | US Law | LII / Legal Information Institute - law.cornell.edu
- Injunction and Receivership Proceedings Against Illegal Lenders - scholarship.law.duke.edu
- paragraph 2 – the receiver's powers - The Courts of British Columbia - bccourts.ca
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