Also known as: brevets · commission
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A commission promoting an officer to a higher rank, especially during wartime, but without a corresponding pay increase.
A privilege or warrant granted by the government to a private person authorizing a special benefit or the exercise of an exclusive privilege, including a patent.
Each sense below has its own examples, sources, and questions.
A commission promoting an officer to a higher rank, especially during wartime, but without a corresponding pay increase.
Benjamin Brooks, an army captain, received a brevet to major after leading a successful wartime raid. The promotion carried no pay increase under military regulations. When Brooks later faced charges of criminal negligence causing a subordinate's death during training, the court applied the common-law involuntary-manslaughter standard to evaluate whether his conduct met the required deviation from reasonable care.
Boubacar Bah held a brevet rank as colonel while serving as a military attaché. The President directed him to receive foreign ambassadors under Article II authority. When a dispute arose over adjournment of congressional sessions, the brevet officer's role remained limited to ceremonial and informational duties without altering constitutional powers.
A privilege or warrant granted by the government to a private person authorizing a special benefit or the exercise of an exclusive privilege, including a patent.
Brenda Booth obtained a brevet d'invention for a manufacturing process. Her client later used the patented method to commit fraud causing financial injury to a third party. The lawyer considered disclosure under professional conduct rules to mitigate the resulting property damage.
Brian Bailey, a brevet lieutenant colonel, oversaw detention of enemy combatants. Congress denied habeas review without a substitute procedure. Detainees challenged the President's authority to hold them indefinitely, seeking to introduce exculpatory evidence and contest fact-finding under the required meaningful substitute standard.
Brendan Burns, a brevet captain, entered a dwelling at night while armed with a deadly weapon. The entry satisfied the elements elevating burglary to a second-degree felony. The court evaluated whether the act occurred in the course of committing the offense, including flight after the attempt.
Bei Bai, a brevet major, crossed from preparation into an overt act with intent to commit a crime. Subsequent withdrawal did not provide a defense under the traditional common-law rule. The court held that once the overt act occurred, abandonment offered no protection against attempt liability.
No. A brevet promotes an officer to higher rank without a corresponding pay increase.
It is a French-law patent granting an exclusive privilege to the inventor.
The second sense authorizes government-granted privileges or patents outside military settings.
…to the Constitution cannot become a law. The courts of the United States are bound to take notice of the Constitution. A commission is not necessary to the appointment of an officer by the Executive. A commission is only evidence of an appointment. Delivery is not necessary to the validity of letters patent. The…