Also known as: arise in · arises in · arisen in · arose in
Written by attorneys · grounded in primary & secondary sources — see below
A phrase denoting that a matter, claim, proceeding, or offense originates from or occurs within a particular legal framework, proceeding, or set of circumstances.
Alfred Ashford drives his car at high speed through a residential neighborhood while fleeing police after committing a burglary. When he strikes and kills a pedestrian, the resulting charge of involuntary manslaughter arises in the commission of the unlawful act of burglary.
Ava Adebayo, an active-duty naval officer, is accused of an infamous crime committed while on base during wartime. The requirement of a grand jury indictment does not apply because the case arises in the land or naval forces in actual service during a time of public danger.
Austin Abbott and Angela Acosta, two employees injured in the same factory explosion, file a joint products-liability suit against the equipment manufacturer. Their claims satisfy the joinder rule because a common question of fact regarding the product's defect will arise in the action.
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Andre Antoine applies for bar admission and realizes the character committee has misunderstood the circumstances of a prior disciplinary matter. He must disclose the clarifying fact because it is necessary to correct a misapprehension known to have arisen in the matter.
The phrase identifies proceedings that are peculiar to bankruptcy administration even though they rest on rights created by the Bankruptcy Code, such as allowance of claims or objections to discharge, and these matters receive original but not exclusive jurisdiction under section 1334(b).
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Yes. The phrase carves out an exception so that a person need not be held to answer for a capital or infamous crime on a grand jury indictment when the case arises in the land or naval forces during actual service in time of war or public danger.
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The phrase supplies one of the two independent requirements for joining plaintiffs: that any question of law or fact common to all plaintiffs will arise in the action, which must be satisfied along with the same-transaction requirement.
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