Also known as: establishes · established · establishing · establishment · establishments · found · constitute
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The creation or institution of a formal system, institution, or legal framework. This sense applies when a statute, constitution, or agreement sets up recording systems, religious establishments, or new legal arguments.
The creation or institution of a formal system, institution, or legal framework. This sense applies when a statute, constitution, or agreement sets up recording systems, religious establishments, or new legal arguments.
Select any source to read its text and confirm it supports the definition.
The proof or demonstration of a fact, claim, agreement, or value through evidence or other means. This sense applies when a party must show integration of a contract, a defense, or a reasonable rental rate.
Select any source to read its text and confirm it supports the definition.
The proof or demonstration of a fact, claim, agreement, or value through evidence or other means. This sense applies when a party must show integration of a contract, a defense, or a reasonable rental rate.
Each sense below has its own examples, sources, and questions.
Eileen Epstein purchased land from a seller who had not recorded his deed. Enzo Eastwood later bought the same parcel and recorded first under a race-notice statute. The recording act established the system that gave Eastwood priority because he recorded without notice of Epstein's unrecorded interest.
Eugene Ellsworth, a state legislator, proposed a bill funding only Christian schools. Emanuel Escobar sued, claiming the statute would establish religion by favoring one faith. The court examined whether the law crossed the line into prohibited establishment under the First Amendment.
Eva Espinosa filed a complaint asserting a novel theory of liability never recognized in the circuit. Eastern Electric moved for sanctions under Rule 11, arguing the claim was not warranted by existing law or a nonfrivolous argument for establishing new law.
Recording acts establish a system that determines priority. Under notice statutes a subsequent bona fide purchaser without notice prevails over a prior unrecorded interest, so failure to record can defeat the first grantee's claim.
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The clause prohibits laws respecting an establishment of religion. Funding that favors one faith or coerces participation crosses the line, while neutral programs available to religious and secular entities alike may survive.
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Elijah Edwards, a former client, sued his lawyer for malpractice. The lawyer revealed limited client confidences to establish a defense that the client's own conduct caused the loss. The disclosure was permitted because it responded directly to allegations concerning the representation.
Echo Systems and Everlasting Insurance signed a detailed written agreement for software licensing. Echo later sought to introduce prior emails showing additional payment terms. The court treated the writing as integrated because no other evidence established that it was not a final expression.
Elysium Media remained in leased office space after its lease expired. The landlord sued for use and occupation during the holdover period. The court awarded rent at the prior rate because the landlord established no different reasonable value through independent proof.
Model Rule 1.6(b)(5) permits disclosure to establish a claim or defense in a controversy between lawyer and client or to respond to allegations about the representation. The revelation must be limited to what is necessary for that purpose.
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Under Restatement (Second) of Contracts § 209(3) other evidence may show the writing was not a final expression. Prior negotiations or additional terms can demonstrate the parties did not intend the document to be complete.
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…and intended to be permanent. The government of the United States assigns to different departments respective powers and establishes limits not to be transcended. The Constitution is written to define limits; if those limits may be passed by those intended to be restrained the distinction between limited and unlimited…