Also known as: abstains · abstained · abstaining · abstention
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Voluntary refraining from specified conduct or from exercising a right or privilege. The choice not to act preserves options or avoids duties that do not exist.
Voluntary refraining from specified conduct or from exercising a right or privilege. The choice not to act preserves options or avoids duties that do not exist.
Ava Adebayo, a bank analyst, faced an approaching guard who ordered her to stop photographing cash and leave. She knew she could retreat through an open doorway to a staffed lobby or press a panic button without risk. Because she could have avoided using force by complying with the demand to abstain from photographing, her later use of deadly force was not justified.
Audrey Ashton held shares in a corporation facing a merger vote. She chose to abstain rather than vote for or against the proposal. Her abstention was recorded in the minutes and did not count toward the required majority for approval.
A federal court's decision to decline exercising jurisdiction over a case so that state courts may first resolve unsettled questions of state law or ongoing state proceedings. The doctrine rests on comity and federalism and applies when state resolution might avoid or narrow federal constitutional issues.
Ariana Azizi, owner of an out-of-state production company, sued in federal court claiming North Carolina's local-content tax credit rule violated equal protection. The federal claim turned on how the state statute treated coproductions. The district court abstained so the state courts could interpret the statute first and potentially resolve the dispute without reaching the constitutional question.
A federal court's decision to decline exercising jurisdiction over a case so that state courts may first resolve unsettled questions of state law or ongoing state proceedings. The doctrine rests on comity and federalism and applies when state resolution might avoid or narrow federal constitutional issues.
Each sense below has its own examples, sources, and questions.
Amelia Amari served on the board of a city housing authority considering an ordinance that affected extended family living arrangements. She abstained from the vote and delivered written notice of her abstention to the presiding officer before adjournment. The abstention preserved her right to challenge the action later.
Alice Atkins, a university student, participated in a student-activity-fee allocation meeting. She abstained from voting on whether to fund a religious publication. Her abstention meant the vote proceeded without her support and the allocation decision stood.
Deadly force is not justified if the actor knows a completely safe retreat, surrender of property, or compliance with a demand to abstain from non-obligatory action is available. The rule applies unless the actor is in a dwelling or certain workplace situations.
A director's abstention is effective if entered in the minutes or if written notice is delivered to the presiding officer before adjournment or to the corporation immediately after. The right is unavailable to a director who voted in favor of the action.
Alan Ackerman faced ongoing state criminal charges and asked a federal court to enjoin the prosecution on constitutional grounds. No bad-faith harassment or flagrantly invalid statute appeared. The federal court abstained from interfering with the state proceeding out of comity and federalism principles.
A federal court must abstain when a constitutional claim depends on an unsettled question of state law that a state court decision could avoid or narrow. The court defers temporarily so the state court can resolve the state-law issue first.
Federal courts must abstain from enjoining ongoing state criminal proceedings absent bad-faith prosecution, harassment, or a statute that is flagrantly unconstitutional with no valid application. Comity and federalism principles require deference to the state forum.
…a present controversy and did not have standing. It concluded that, with respect to the requests for a declaratory judgment, abstention was not warranted. On the merits, the District Court held that the "fundamental right of single women and married persons to choose whether to have children is protected by the Ninth…