Also known as: of course · as of right
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase denoting proceedings or actions that occur routinely or as a matter of course. It distinguishes regular formal steps from those that are summary or require special justification.
Select any source to read its text and confirm it supports the definition.
Doris Duffy sued Dynamic Solutions in federal court for breach of contract. Dynamic Solutions filed its answer on time but omitted the defense of lack of personal jurisdiction. Because the defense was not raised by motion or included in the responsive pleading, the court treated it as waived under the routine operation of the rules.
Desert Oil mailed a detailed price list to potential buyers describing its crude oil grades and per-barrel rates. Dustin Donovan responded by ordering 10,000 barrels at the listed price. The court held that the price list did not constitute an offer because such routine commercial mailings are understood to invite further negotiation rather than to conclude a bargain.
Diamond Manufacturing defaulted on two mortgages on its factory. The junior mortgagee obtained appointment of a receiver who collected rents, paid taxes, and performed repairs. The receiver applied the net excess to the junior obligation as a matter of course before any senior receiver was appointed.
The Village of Euclid enacted a comprehensive zoning ordinance that restricted Ambler Realty's land to residential uses. Ambler challenged the ordinance as an unconstitutional taking. The Court sustained the ordinance as a matter of course because comprehensive zoning plans routinely bear a substantial relation to public health and safety.
Congress passed an immigration statute containing a one-house legislative veto provision allowing either chamber to override an executive suspension of deportation. Jagdish Rai Chadha challenged the veto after the House exercised it against him. The Court held that the legislative veto mechanism violates the constitutional requirements of bicameralism and presentment as a matter of course.
The City of New London approved a development plan that authorized taking private homes through eminent domain to assemble land for a mixed-use project expected to create jobs. Susette Kelo and other owners challenged the takings. The Court upheld the condemnations as a matter of course because economic development is a recognized public purpose under the Takings Clause.
It refers to actions or amendments that may be taken routinely without court leave or special justification. For example, a party may amend a pleading once as a matter of course within the time periods set by Rule 15(a)(1).
Supporting sources
De cursu identifies regular formal steps that follow established procedural tracks. Summary proceedings, by contrast, are expedited or incidental and do not require the same formalities.
Supporting sources
Yes. Routine commercial publications such as price lists and catalogs are treated as invitations to negotiate rather than offers that conclude a bargain as a matter of course.
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…and in detail the well-known facts of fetal development. If this suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus' right to life would then be guaranteed specifically by the Amendment. The appellant conceded as much on reargument. On the other hand, the appellee conceded on…