Also known as: directly · immediate
Written by attorneys · grounded in primary & secondary sources — see below
An adjective describing an action, effect, or relationship that occurs without intermediary or intervention. The term requires immediacy between the actor and the result or between the parties involved.
Darius Dixon grabs the victim's purse and yanks it away when she resists. The force is sufficient to satisfy the taking element because it directly overcomes her hold on the bag. The prosecution can therefore charge robbery rather than mere theft.
The legislature of State A passes a statute directing that its governor appoint the state's presidential electors. The appointment occurs directly under the constitutional grant without any popular vote intervening. The process satisfies the requirement that each state appoint electors in the manner its legislature directs.
Select any source to read its text and confirm it supports the definition.
Devon Drake serves a Rule 34 request on Diamond Manufacturing seeking all emails discussing the disputed contract. The documents are in the company's possession and can be produced directly in their native electronic format. The responding party must therefore allow inspection and copying without further court order.
Denise Donovan offers the transcript of a deposition taken in an earlier case against the same defendant. The defendant had an opportunity and similar motive to cross-examine the witness directly during that deposition. The testimony therefore qualifies for admission under the former-testimony exception.
Destiny Davis points a gun at the store clerk and states she will shoot if the cash register is not opened immediately. The threat places the clerk in fear of immediate serious bodily injury. The conduct therefore satisfies the intimidation element of robbery under the Model Penal Code.
Danielle Dixon's firm represents both a buyer and a seller in the same real-estate transaction. The interests of the two clients are directly adverse on the price and financing terms. The firm must therefore decline or withdraw from the joint representation absent informed consent.
Direct force must be strong enough to overcome the victim's resistance. Intimidation instead requires threats of immediate death or serious injury to the victim or someone in the victim's presence. Threats to property alone do not qualify unless the threat is to destroy the victim's dwelling.
No. Direct examination may occur at a deposition or prior proceeding. The key requirement is that the opposing party had an opportunity and similar motive to develop the testimony through direct, cross, or redirect examination.
A conflict is directly adverse when the representation of one client will be directly adverse to another client. This occurs when the interests of the two clients are opposed on a material issue in the same matter or transaction.
…need, and propriety of laws that touch economic problems, business affairs, or social conditions. This law, however, operates directly on an intimate relation of husband and wife and their physician’s role in one aspect of that relation. The association of people is not mentioned in the Constitution nor in the Bill of…