Written by attorneys · grounded in primary & secondary sources — see below
An adverbial Latin term meaning while or during. It specifies the temporal duration of a legal status or condition in phrases such as durante minore aetate or durante vita.
Sources & Authorities
How it applies
Common Examples
6
Unlawful Act During Misdemeanor
Deborah Dunn fired a warning shot during a heated argument that accidentally killed a bystander. The death occurred while she committed the misdemeanor of reckless discharge, triggering involuntary manslaughter liability under the common law rule.
Risk of Loss After Contract
Diane Dawson contracted to buy land from Dover Bank. Before closing a fire destroyed the barn. Under equitable conversion the buyer bore the loss because the risk passed at contract formation while the seller held title only in trust.
Presidential Term Length
Demetrius Douglas was elected President. He served the full four-year term while the executive power remained vested in that office under the constitutional structure.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Settlement Offer During Negotiations
Doris Duffy offered to pay Dynamic Solutions half the disputed amount during compromise talks. The statement remained inadmissible to prove the claim's validity under the evidence rule.
Prior Representation During Association
Dylan Duffy previously served as counsel in the same matter while associated with a firm now appearing before Judge Deanna Davenport. The judge was required to recuse because of that prior participation.
Ex Parte Contact During Proceeding
Delta Dynamics' lawyer attempted to speak privately with the presiding judge during the ongoing trial. The contact violated the professional conduct rule prohibiting unauthorized ex parte communications.
Common questions
Frequently Asked
4
How is durante used in legal phrases?+
The term durante introduces a temporal limitation in conveyancing and status-based rules, identifying the exact period during which a condition such as minority or widowhood controls rights or duties.
Supporting sources
Does durante appear in constitutional text?+
Yes. The Constitution employs equivalent phrasing when it states that the President holds office during a term of four years and that judges hold office during good behavior.
What role does durante play in evidence rules?+
It marks the window of time during which statements or conduct occur, determining whether they fall inside the protected period of compromise negotiations under Rule 408.
How does durante affect judicial disqualification?+
It identifies the period of prior association during which a lawyer participated substantially in a matter, triggering mandatory recusal for the judge under the judicial conduct rules.
410 U.S. 113 (1973)Constitutional Law
…majority of States today are of relatively recent vintage. Those laws, generally proscribing abortion or its attempt at any time during pregnancy except when necessary to preserve the pregnant woman's life, are not of ancient or even of common-law origin. Instead, they derive from statutory changes effected, for the most…