Also known as: apportionment rules · apportionment
Written by attorneys · grounded in primary & secondary sources — see below
4 senses
A justiciability doctrine holding that federal courts may hear challenges to legislative districting maps. The doctrine applies when none of six factors indicating a political question is present.
A justiciability doctrine holding that federal courts may hear challenges to legislative districting maps. The doctrine applies when none of six factors indicating a political question is present.
Select any source to read its text and confirm it supports the definition.
A rule allocating the burden of proof when multiple tortfeasors seek to limit liability by showing that harm is capable of division. Each actor bears the burden to establish the proper share of damages.
Select any source to read its text and confirm it supports the definition.
A rule governing division of easement or covenant rights and burdens when benefited or burdened land is subdivided into separately owned parcels. Apportionment occurs only when necessary to prevent an unreasonable increase in the load on the servient estate.
Select any source to read its text and confirm it supports the definition.
A statutory directive requiring courts to divide marital property equitably in dissolution proceedings without regard to marital misconduct. The division considers factors such as duration of the marriage, contributions of each spouse, and future earning capacity.
Select any source to read its text and confirm it supports the definition.
A rule allocating the burden of proof when multiple tortfeasors seek to limit liability by showing that harm is capable of division. Each actor bears the burden to establish the proper share of damages.
A rule governing division of easement or covenant rights and burdens when benefited or burdened land is subdivided into separately owned parcels. Apportionment occurs only when necessary to prevent an unreasonable increase in the load on the servient estate.
A statutory directive requiring courts to divide marital property equitably in dissolution proceedings without regard to marital misconduct. The division considers factors such as duration of the marriage, contributions of each spouse, and future earning capacity.
Each sense below has its own examples, sources, and questions.
Albert Allen and other voters sued state officials over a new legislative map that packed their neighborhoods into one district. The complaint alleged the lines violated equal protection. The court denied a motion to dismiss, finding no Baker factor barred review and that population and compactness data supplied manageable standards.
A challenge is justiciable when none of the six Baker factors is present. Manageable standards such as population equality allow courts to decide the claim without making a nonjudicial policy determination.
Supporting sources
Antonio Alvarado sued two neighboring plants after pollutants from both reached his land and caused a single crop loss. One plant paid the full damages and then sought contribution. The court placed the burden on each plant to prove what portion of the harm its emissions caused.
Angela Acosta sued two trucking companies after successive spills contaminated her well. Laboratory tests showed distinct time periods for each chemical. The judge ruled that the evidence permitted reasonable allocation of damages and therefore decided the apportionment question rather than sending it to the jury.
Each actor who claims the harm is divisible must prove the proper allocation. The plaintiff retains the initial burden of showing causation by each defendant.
Supporting sources
The court decides when the evidence permits only one reasonable conclusion on whether harm is capable of apportionment or on the shares attributable to each cause.
Supporting sources
Anika Anand bought a parcel that enjoyed an access easement across Alpine Mining's land. When Alpine later sold half its tract to a third party, the new owner claimed the right to use the full easement. The court apportioned the use rights to prevent an unreasonable burden on the servient estate.
Astra Aerospace owned two lots subject to a maintenance covenant benefiting a neighboring park. After selling one lot to Aurora Biotech, the buyer demanded the full benefit of the covenant. The court apportioned the benefit to avoid an unreasonable increase in the burden of performance.
Each new parcel may exercise the easement rights unless apportionment is needed to prevent an unreasonable burden on the servient land. The rights are then divided proportionately among the parcels.
Supporting sources
Benefits are apportioned when division is required to avoid an unreasonable increase in the burden of performing the covenant. Each parcel otherwise receives the full benefit.
Supporting sources
Arthur Abrams sought dissolution of his twenty-year marriage to Abigail Alvarez. The court awarded each spouse a share of the retirement accounts and the family home. It weighed the length of the marriage, homemaker contributions, and each party's future earning potential without considering fault.
The court examines the duration of the marriage, each spouse's contributions including homemaker services, age, health, occupation, and future earning capacity. Marital misconduct is not considered.
Supporting sources
…and any death taxes which may be legally assessed . . . ." It further directed that the "provisions of any statute requiring the apportionment or proration of such taxes among the beneficiaries of this will or the transferees of such property, or the ultimate payment of such taxes by them, shall be without effect in the settlement…