Also known as: determines · determined · determining · determination · determinations · determinable · decide · terminate
Written by attorneys · grounded in primary & secondary sources — see below
To resolve a disputed question of fact or law and reach a binding conclusion on the issue presented.
Devon Drake owned an apartment building but lived elsewhere. Tenants occupied two units and slept there nightly. Police charged Drake with burglary after he entered one unit at night intending to steal. The court determined that the unit qualified as the dwelling of another because occupancy rather than ownership controlled the analysis, so the burglary conviction stood.
Delilah Duran contracted to buy a warehouse from Dominion Capital. Before closing a fire destroyed the building. The court determined that under the majority rule risk had passed to Duran at contract formation, so she remained obligated to pay the full price while the seller held title only as trustee.
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The Senate passed a tax increase and sent it to the House. Representatives amended the bill and returned it. The court determined that the measure satisfied the origination requirement because it began in the House even though the Senate had proposed the initial version.
Damian Decker sued in federal court claiming only state-law claims between citizens of the same state. The court determined at the outset that it lacked subject-matter jurisdiction and dismissed the action without reaching the merits.
Diane Dawson offered a map to prove the location of a boundary line. The court determined that the distance could be accurately and readily determined from sources whose accuracy could not reasonably be questioned and took judicial notice of the measurement.
Darrell Duncan agreed to pay his lawyer a flat fee equal to forty percent of any recovery. After the case settled the court determined that the fee was unreasonable in light of the factors listed in the rule and reduced the amount the lawyer could collect.
The court examines whether the structure serves as a dwelling for someone other than the defendant. Occupancy rather than ownership controls the inquiry, so an owner can still commit burglary of the owner’s own building when tenants occupy and use it as their dwelling.
Under the majority rule risk passes to the buyer at contract formation. The buyer therefore cannot avoid the contract or reduce the price merely because improvements are destroyed, and the seller holds legal title only as trustee for the buyer.
The court must determine the issue at any time and must dismiss the action if jurisdiction is absent.
The court determines whether the fact can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
…court requiring them to do some particular thing appertaining to their office and duty and which the court has previously determined or at least supposes to be consonant to right and justice. The Federalist explains 'appellate' in its broadest sense as the power of one tribunal to review the proceedings of another as to…