Also known as: actually · real · in fact
Written by attorneys · grounded in primary & secondary sources — see below
An adjective denoting existence in fact rather than by legal construction or implication. The term distinguishes real-world occurrence from doctrines that treat something as true regardless of the underlying facts.
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Adam Anderson directed an innocent delivery driver to move several crates from a loading dock into his truck. Once the crates were inside the truck under his direction, Adam obtained actual control over the property. The taking element was satisfied because Adam actually secured dominion rather than merely moving the items.
Aisha Ahmed contracted to buy land from Aurora Biotech. A recorded but unreleased lien remained on the property at closing. The lien created an actual defect that rendered title unmarketable, allowing Aisha to refuse performance because the seller could not convey title free from reasonable doubt.
Amelia Amari faced federal charges for an infamous crime. Because she was not in the land or naval forces during actual service in time of war, the Fifth Amendment required that she be held to answer only on a presentment or indictment of a grand jury.
Atlas Ventures engaged in the selling of residential real property. Its conduct fell within the scope of 42 U.S.C. § 3605(b)(2) because the firm performed actual brokerage and appraisal services connected to dwellings.
Alliance Holdings and Astra Aerospace agreed to a damages provision in their supply contract. A court later measured the clause against the anticipated or actual harm caused by breach to decide whether the amount was reasonable or void as a penalty.
Albert Allen, a member of a limited liability company, filed a direct action alleging injury. He had to plead and prove an actual or threatened injury that was not solely the result of harm to the company itself.
Actual control requires the defendant to obtain dominion over the property. Merely moving or destroying an item does not satisfy the taking element unless the defendant thereby gains control.
Title is unmarketable when it contains actual defects such as unreleased liens, breaks in the chain of title, or outstanding interests that would cause a reasonably prudent purchaser to refuse it.
A member must plead and prove an actual or threatened injury that is not solely the result of an injury to the limited liability company itself.
…to be necessary to save the mother's life, that provision soon disappeared and the typical law required that the procedure actually be necessary for that purpose. Gradually, in the middle and late 19th century the quickening distinction disappeared from the statutory law of most States and the degree of the offense and…