Also known as: otherwise
Written by attorneys · grounded in primary & secondary sources — see below
An adverbial expression introducing a contrasting hypothetical or alternative legal outcome. It signals that the result would differ under changed facts or a distinct doctrinal premise.
Select any source to read its text and confirm it supports the definition.
Andre Antoine stabbed his longtime rival during a sudden argument after the rival insulted Andre's recently deceased mother. Because the provocation was adequate and the killing occurred before cooling, the charge reduces to voluntary manslaughter. Aliter if the insult had been minor and unrelated to any serious affront.
Alliance Holdings contracted to sell a downtown parcel to Azure Solutions. A recorded but unreleased lien appeared in the chain of title. Azure may refuse to close and seek rescission because the title is unmarketable. Aliter if the contract had limited the seller's obligation to insurable title only.
Federal prosecutors charged Amelia Amari with a serious felony without first obtaining a grand jury indictment. The proceeding violates the Fifth Amendment. Aliter if the case had arisen in the armed forces during wartime.
Aaron Adams filed a motion in federal court without any signature or contact information. The court must strike the paper unless the omission is promptly corrected. Aliter if the rule had permitted an unrepresented party to proceed without signing.
Alfred Ashford testified at trial that he never saw the defendant at the scene. The prosecutor seeks to introduce a prior statement to the contrary through extrinsic evidence. The evidence is inadmissible until the witness first receives an opportunity to explain or deny it. Aliter if the statement had been made by an opposing party under Rule 801(d)(2).
Adrian Aguilar, a former government lawyer, now represents a private client adverse to a person about whom Adrian possesses confidential information acquired during public service. The representation is prohibited because the information could materially disadvantage that person. Aliter if the information were already publicly available.
Aliter introduces a contrasting result that would follow if facts or legal premises differed from those under discussion. It allows concise signaling of alternative doctrinal outcomes without restating the primary rule.
Supporting sources
Aliter appears most often in scholarly commentary and hornbooks to illustrate doctrinal boundaries. Contemporary judicial opinions rarely employ the Latin phrase, preferring plain English equivalents such as otherwise.
Supporting sources
Yes. Writers place aliter before a hypothetical that would produce the opposite holding under a different precedent or factual variant, thereby sharpening the distinction between the authorities being compared.
Supporting sources
…any ordinary act of the legislature the Constitution and not such ordinary act must govern cases to which both apply. To contend otherwise is to say courts must close their eyes on the Constitution and see only the law which would subvert written constitutions. The Constitution extends judicial power to all cases arising…