Also known as: attributions · attribute · attributes · attributed · attributing · imputation
Written by attorneys · grounded in primary & secondary sources — see below
An assignment of a characteristic, action, status, or meaning to a person or entity by operation of law. The assignment occurs when facts or relationships trigger a legal rule that treats the attribute as belonging to the target despite its literal source elsewhere.
During a hearing, defense counsel repeatedly refers to the plaintiff using ethnic stereotypes. The presiding judge interrupts and orders counsel to stop all references that manifest bias based on national origin. Counsel complies, and the trial proceeds without further incidents of that nature.
A reporter publishes an interview with a mayor but deliberately rearranges the mayor's words so that a neutral comment on taxes appears as an endorsement of a controversial policy. The mayor sues for defamation. The court treats the material change in meaning as evidence that the reporter acted with knowledge of falsity.
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Austin Abbott, who has never personally sold farm equipment, hires a broker who regularly deals in tractors. When Abbott sells a used tractor to a buyer, the court attributes the broker's specialized knowledge to Abbott and classifies him as a merchant under the UCC.
Alpine Mining conducts blasting operations near a residential neighborhood. Residents sue under strict liability. The court weighs the activity's dangerous attributes against its value to the community and finds the risks predominate, imposing liability without fault.
Anchor Bank amends its articles to replace the word 'bank' with 'corporation' and to delete the geographic reference 'Midwest' from its name. The filing officer accepts the amendment because the change substitutes an approved word and removes a geographical attribution.
A village denies a permit for low-income housing after officials cite concerns about property values that align with racial demographics of the proposed residents. Plaintiffs show the denial was motivated by racial considerations, and the court attributes the discriminatory purpose to the village under equal-protection analysis.
In a direct action against a liability insurer where the insured is not joined, the insurer is deemed a citizen of every state of which the insured is a citizen. This imputation destroys complete diversity when the plaintiff and the insured share citizenship.
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A symbiotic relationship arises when a state leases public space to a private entity at below-market rent and shares in its profits. The state's financial interdependence with the private discrimination converts the private conduct into state action under the Equal Protection Clause.
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When a term has an established meaning in a relevant trade and one party uses the term consistently with that meaning, the other party is treated as knowing the usage if it knew or had reason to know of it. The court therefore attributes the trade meaning to both parties.
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…have expressed constitutional principles of broader reach. In defining the right to marry these cases have identified essential attributes of that right based in history, tradition, and other constitutional liberties inherent in this intimate bond. See, e.g., Lawrence , 539 U.S., at 574; Turner , supra, at 95; Zablocki ,…