Also known as: duly-made presentment · presentment duly made · presentment
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A formal written accusation of crime issued by a grand jury. The Fifth Amendment requires such an accusation before a person may be held to answer for a capital or infamous crime.
A formal written accusation of crime issued by a grand jury. The Fifth Amendment requires such an accusation before a person may be held to answer for a capital or infamous crime.
Federal agents arrest Dominic Drake on charges carrying a potential life sentence. Prosecutors seek to proceed by information alone. The court dismisses the information because no grand jury has issued the required formal accusation.
The submission of a bill passed by both houses of Congress to the President for approval or veto. Any legislative action altering legal rights outside Congress must satisfy this step along with bicameral passage.
Congress passes a statute authorizing the FTC to award grants. One house later adopts a resolution canceling a specific grant to Delta Dynamics. The court holds the resolution ineffective because it never reached the President.
The proper and timely presentation of a negotiable instrument to the party obligated to pay or accept it. When a demand note is so presented and payment is refused on that day, the instrument is dishonored.
Dillon Energy holds a demand note issued by Dominion Capital. The holder presents the note at Dominion Capital's office on a business day. Dominion Capital refuses payment that same day, so the note is treated as dishonored.
The submission of a bill passed by both houses of Congress to the President for approval or veto. Any legislative action altering legal rights outside Congress must satisfy this step along with bicameral passage.
The proper and timely presentation of a negotiable instrument to the party obligated to pay or accept it. When a demand note is so presented and payment is refused on that day, the instrument is dishonored.
Each sense below has its own examples, sources, and questions.
No. The requirement applies only to capital or otherwise infamous crimes. Misdemeanors and certain other offenses may proceed by information or complaint.
The bill does not become law. Any attempt to alter legal rights through a process that bypasses presentment to the President violates the Constitution.
No. The Constitution requires passage by both houses and submission to the President. A single-house action cannot meet these steps.
Presentment is duly made when it occurs on a business day at a reasonable place and time and in a manner that permits the maker to pay. Refusal on that day triggers dishonor.
It may discharge secondary parties but does not necessarily bar enforcement against the maker. The UCC focuses on whether dishonor has occurred for purposes of charging drawers and indorsers.