Also known as: elections · voting · poll
Written by attorneys · grounded in primary & secondary sources — see below
An act of choosing between alternative legal rights, remedies, or courses of action. Selection of one alternative may preclude pursuit of the others under doctrines such as election of remedies.
Empire Logistics donates to a judicial candidate's campaign. The firm then submits a bid for a city contract that the candidate, if elected, will award. The contribution triggers an election of professional-conduct obligations because it was made to obtain the engagement rather than as ordinary political participation.
Evelyn Ellison's lease ends but she remains in the premises. The landlord elects not to treat her as a holdover tenant under the renewal option and instead sues for use and occupation damages measured by the prior rent or reasonable value.
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Before marriage, Esme Ellington signs a written agreement waiving her right of election against her future spouse's estate. After his death she seeks to set the waiver aside, but the agreement remains enforceable without separate consideration.
During grand jury voting, a government attorney remains in the room. The presence violates the rule limiting attendance to jurors and any needed interpreter. The government elects to proceed only after excusing the attorney and reconstituting the panel to cure the defect.
Elliot Edmonds enters a contract under duress. After the pressure ends he affirms the agreement in writing. The affirmation constitutes an election that extinguishes his power to avoid the contract.
Enzo Eastwood's equipment is damaged but not destroyed. He elects to recover the reasonable cost of repair rather than the difference in value before and after the harm, subject to adjustment for any change in value after repairs.
Election of one remedy may bar pursuit of inconsistent alternatives. The choice is manifested by affirmative conduct such as ratification or filing suit under a particular theory.
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If the landlord makes no election to treat the tenant as holding over under a renewal, the landlord may recover use and occupation damages at the prior rent or reasonable value.
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Yes. A written agreement signed before or after marriage may affirm, modify, or waive the right of election and related allowances. The agreement is enforceable without consideration.
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A contribution or solicitation made for the purpose of obtaining a government legal engagement or judicial appointment raises questions about merit-based selection and undermines professional integrity.
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…319 U.S. 624, 638 (1943). This is why “fundamental rights may not be submitted to a vote; they depend on the outcome of no elections.” Ibid . It is of no moment whether advocates of same-sex marriage now enjoy or lack momentum in the democratic process. The issue before the Court here is the legal question whether the…