Also known as: definitions · definitio · definitional · legal definition
Written by attorneys · grounded in primary & secondary sources — see below
A statement that assigns a specific meaning to a term within a legal document or rule. The assigned meaning controls interpretation of the term wherever it appears in that document.
Dorothy proposed altering client disbursement sheets and Frances shook hands on the plan. Under the traditional common law definition of conspiracy the agreement itself supplied the actus reus. The prosecution therefore had no need to prove any further step.
After a jury convicted Derek of the lesser included offense the state sought to prosecute him for the greater offense arising from the same conduct. The definition of the greater offense required no additional proof beyond the lesser plus extra elements. Attachment of jeopardy on the lesser therefore barred the second prosecution.
Select any source to read its text and confirm it supports the definition.
David gave Dorothy an engagement ring before the planned wedding. When the marriage never occurred the definition of an engagement gift as one made in contemplation of marriage required its return. The court ordered Dorothy to give the ring back to David.
Darius and Daphne were married under state law. The federal definition of marriage and spouse excluded their union. That definition violated the Fifth Amendment by demeaning a subset of state-recognized marriages without adequate justification.
Dylan and Derek sought a marriage license in their home state. The state definition of marriage limited the license to opposite-sex couples. The definition was held unconstitutional because it denied same-sex couples the fundamental right to marry.
Central Hanover Bank published notice of a trust accounting in a newspaper. The definition of adequate notice under due process required a method reasonably calculated to reach known beneficiaries. Publication alone failed that definition for beneficiaries whose names and addresses were known.
A definition assigns a specific meaning to a term for purposes of that document. The assigned meaning controls how the term is interpreted wherever it appears.
Supporting sources
Under the traditional common law definition the agreement itself constitutes the actus reus. No additional overt act is required.
The definition of the greater offense requires no proof beyond that needed for the lesser plus additional elements. Jeopardy on the lesser therefore attaches to the greater arising from the same conduct.
The definition treats an engagement ring as given in contemplation of marriage. If the marriage does not occur the ring must be returned.
The definition excluded same-sex couples whose marriages were recognized by their states. It thereby demeaned and disadvantaged a subset of state-recognized marriages without adequate justification.
…6-77, 6-78 (1957). [^maj-3]: Long ago, a suggestion was made that the Texas statutes were unconstitutionally vague because of definitional deficiencies. The Texas Court of Criminal Appeals disposed of that suggestion peremptorily, saying only, "It is also insisted in the motion in arrest of judgment that the statute is…