Also known as:enlarges · enlarged · enlarging · enlargement · extend
Written by attorneys · grounded in primary & secondary sources — see below
An action of expanding the size of an opening or the scope or duration of a legal right or power. The action satisfies a required element when minimal force widens an existing gap to permit entry or when a procedural rule would otherwise increase substantive entitlements.
Sources & Authorities
How it applies
Common Examples
6
Burglary Entry by Widened Window
Eric Espinoza arrived at the closed but unlocked rear window of a dwelling at night. He used a pry bar to widen the narrow gap between the sash and frame until his body could fit through. The enlargement supplied the force element that converted an otherwise non-trespassory entry into the breaking required for common-law burglary.
Article III Case or Controversy Scope
Elijah Edwards sued a foreign state in federal court seeking damages for a maritime collision. The complaint invoked Article III jurisdiction over admiralty controversies. The court treated the constitutional grant as already encompassing the claim without any need to enlarge the enumerated heads of jurisdiction.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Eastern Electric filed a diversity class action in federal court to recover statutory interest on late payments. A New York statute would have barred class treatment. The court applied Federal Rule of Civil Procedure 23 because the rule regulated procedure and did not enlarge any substantive right created by state law.
Corporate Duration Amendment
Eclipse Manufacturing was formed when state law required a limited corporate lifespan. Its board later adopted an amendment under Model Business Corporation Act section 10.05(a) that removed the expiration date. The change enlarged the corporation's existence without shareholder vote.
Emergency Medical Intervention
Ewan Eckhart found Emily Ellis unconscious beside a wrecked car. He applied a tourniquet that necessarily extended the area of pressure beyond the visible wound. The additional coverage was privileged under the rule governing consent to invasions of personality when immediate action was required to save life.
Eleventh Amendment Immunity Bar
Eugene Ellsworth, a citizen of State B, sued State A in federal court for breach of contract. The court held that the Eleventh Amendment prevented the judicial power from reaching the suit. No construction of the amendment could enlarge federal jurisdiction over unconsenting states.
Common questions
Frequently Asked
3
What constitutes a breaking by enlargement at common law?+
A defendant commits a breaking by enlargement when minimal force widens an existing opening enough to permit entry. The force need not be great. Any use of physical effort to increase the size of the gap satisfies the element.
Supporting sources
Does Federal Rule of Civil Procedure 23 enlarge substantive rights under the Rules Enabling Act?+
No. Rule 23 is valid because it regulates only the procedure for certifying class actions and does not abridge, enlarge, or modify any substantive right created by state law.
Supporting sources
When may a board enlarge corporate duration without shareholder approval?+
A board may adopt an amendment extending corporate duration without shareholder vote when the corporation was originally formed under a statute that required a limited lifespan and the articles do not provide otherwise.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…and that courts as well as other departments are bound by that instrument. Therefore the Judiciary Act insofar as it purports to extend the Supreme Court's original jurisdiction beyond that which the Constitution permits is repugnant to the Constitution and void. The mandate of the Judiciary Act giving the Supreme Court…