Also known as:applies · applied · applying · application · applications · applicant · applicants · petition · request
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
To bring a legal rule or principle to bear on a factual situation in order to determine the rights or obligations of the parties.
2
To comply with or fulfill a legal duty or prohibition arising under a rule.
Each sense below has its own examples, sources, and questions.
Sense 1
1
Sense 1
To bring a legal rule or principle to bear on a factual situation in order to determine the rights or obligations of the parties.
Examples4
First Amendment Challenge
Alexandra Armstrong organized a protest outside city hall. City officials enacted an ordinance restricting the time and manner of demonstrations. The court applied the First Amendment to strike down the ordinance as an unconstitutional abridgment of speech.
Judicial Notice Hearing
Adam Anderson requested a hearing after the court took judicial notice of a geographic fact. The judge applied the rule by allowing Anderson to present argument on the propriety of the notice before instructing the jury.
Sense 2
2
Sense 2
To comply with or fulfill a legal duty or prohibition arising under a rule.
Examples2
Waiver of Service Request
Angela Acosta filed suit against Arcadia Retail in federal court. Her attorney sent a notice and request for waiver of service to the corporation's registered agent. Arcadia Retail applied the duty under the rule by returning the signed waiver and avoiding the expense of formal service.
Confidential Information Bar
Abigail Alvarez left government service and joined a private firm. She applied the prohibition by declining representation of a client whose interests were adverse to a person about whom she possessed confidential government information.
Judge Alan Ackerman presided over a contract dispute involving a former law partner. He applied the rule by recusing himself to ensure all duties of judicial office were performed fairly and impartially.
Mortgage Interest Determination
Alice Atkins held a mortgage on land located in State X. When a dispute arose over the nature of the interest created, the court applied the law of the situs to resolve whether the mortgage created an interest in land.
Frequently Asked1
When does a common carrier's duty to aid passengers apply?+
The duty applies once the carrier knows or has reason to know that a passenger is ill or injured. It requires taking reasonable steps to protect the passenger until others can assume care.
Frequently Asked1
What must an arrest warrant description satisfy to apply under Rule 4?+
The description must identify the defendant with reasonable certainty when the name is unknown. Functional and temporal details tied to verifiable records can meet this standard.
5 U.S. (1 Cranch) 137 (1803)Property
…motion was supported by affidavits that notice had been given to Mr. Madison; that Mr. Adams, the late President, nominated the applicants to the Senate; that the Senate advised and consented to the appointments; that commissions in due form were signed by the President and the seal of the United States affixed by the…