Written by attorneys · grounded in primary & secondary sources — see below
An adverb denoting a location or situation different from the one under discussion or specified.
Sources & Authorities· 21 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Client Consent for Out-of-State Trust Account
Lawyer Lena maintains her office in State X. Client Carl agrees that Lena may deposit settlement funds into a trust account located in State Y. The arrangement satisfies the requirement that funds be kept separate because Carl provided consent for the account to be maintained elsewhere.
Corporation Not at Home in Forum State
TechCorp is incorporated in Delaware with its principal place of business in California. A plaintiff sues TechCorp in Texas over events that occurred in Florida. The court finds no general jurisdiction because TechCorp is not at home in Texas and its sales there do not render it at home elsewhere.
Restaurant R sells boxed meals to customers who take them home. When a customer suffers food poisoning, the implied warranty of merchantability applies because the serving of food for value is a sale whether consumed on the premises or elsewhere.
Tenant Breach Outside Leased Premises
Tenant Tara promises in her lease not to operate a competing business on the leased property or elsewhere in the city. After she opens a rival store two blocks away, the landlord may terminate the lease because the breach deprives the landlord of a significant inducement to the lease.
State Price Affirmation Law Struck Down
State S requires out-of-state brewers to certify that their in-state prices are no higher than prices charged elsewhere. The Supreme Court invalidates the statute because it regulates liquor prices in other states in violation of the Commerce Clause.
Landlord Failure to Perform Off-Site Promise
Landlord Larry promises in the lease to maintain a shared parking lot located across the street from the leased building. When Larry fails to repair the lot after notice, tenant Tara may terminate the lease because the breach deprives her of a significant inducement to the lease.
Common questions
Frequently Asked
3
Does the word elsewhere change the legal standard when it appears in a rule?+
No. Elsewhere simply identifies a location outside the primary place named in the rule. The substantive standard remains the same whether the conduct occurs at the named place or elsewhere.
Can a party consent to an arrangement occurring elsewhere?+
Yes. Several rules expressly permit the parties to agree that an obligation may be performed or an account maintained elsewhere, provided the consent is obtained.
How does elsewhere affect general jurisdiction analysis?+
A corporation is at home only in its state of incorporation and principal place of business. Extensive operations elsewhere do not create general jurisdiction for unrelated claims.
410 U.S. 113 (1973)Constitutional Law
…the liberty guaranteed by the Due Process Clause cannot be found in or limited by the precise terms of the specific guarantees elsewhere provided in the Constitution. This liberty' is not a series of isolated points pricked out in terms of the taking of property; the freedom of speech, press, and religion; the right to keep…