Also known as: comments · commented · commenting · commentator · commentators · commenter · commenters
Written by attorneys · grounded in primary & secondary sources — see below
An explanatory note or statement accompanying a statute, rule, or judicial opinion that provides rationale, context, or guidance for interpretation and application.
Cynthia Cortez receives the family home through a constitutional homestead right after her spouse's death. The probate court determines the value of her terminable life estate interest and charges that amount against her statutory homestead allowance. The official comment clarifies that the charging rule applies only in states with constitutional homestead provisions and limits the charge accordingly.
During a criminal trial, the judge considers declaring a mistrial after a key witness becomes unavailable. Before issuing the order, the court directs the prosecutor and defense counsel for Connor Clark to state their positions on the propriety of a mistrial and to propose any alternatives. Their comments inform the court's decision whether to proceed.
Select any source to read its text and confirm it supports the definition.
In a multistate dispute over ownership of personal property, the court evaluates which state's law governs the parties' interests. The comment to the applicable restatement section explains that the factors from section 6 must be weighed to identify the state with the most significant relationship to the thing and the parties.
Claire Campbell and Canyon Construction enter an oral agreement for the sale of goods. After a dispute arises, counsel locates a pre-contract email from the seller that recites the essential terms. The comment to the restatement confirms that a memorandum signed before or after contract formation satisfies the statute.
Craig Caldwell, a physician, encounters an unconscious patient at an accident scene and performs emergency surgery without consent to save the patient's life. The comment to the restatement section explains that consent is not required when an actor acts under circumstances creating an independent privilege to invade interests of personality.
Cameron Cruz disputes title to real property located in another state. The court applies the law of the situs, including that state's choice-of-law rules. The comment to the restatement section directs that reference to the law of the situs state includes its full body of law so the forum reaches the same result a local court would reach.
The comment supplies the rationale for limiting the homestead charging rule to states with constitutional provisions and clarifies that only the value of the terminable life estate is charged against the allowance.
Supporting sources
The court must afford each defendant and the government an opportunity to comment on the propriety of the order, state consent or objection, and suggest alternatives.
Supporting sources
Parties typically enter property transactions with forethought and legal advice, so their expectations deserve protection absent strong countervailing considerations.
Supporting sources
A memorandum may be made or signed at any time before or after contract formation, including after breach, and need not be contemporaneous with the agreement.
Supporting sources
Consent is unnecessary when an independent privilege arises, such as when an actor prevents suicide, averts imminent harm to a blind person, or performs emergency surgery on an unconscious patient.
Supporting sources
…the injuries were sustained, though few courts have squarely so held.[^maj-64] In a recent development, generally opposed by the commentators, some States permit the parents of a stillborn child to maintain an action for wrongful death because of prenatal injuries.[^maj-65] Such an action, however, would appear to be one to…