Written by attorneys · grounded in primary & secondary sources — see below
An adverb qualifying a legal statement, rule, or fact to indicate that it holds in the ordinary course or applies to the typical case without enumerating every exception.
Sources & Authorities· 40 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Seller's Duty to Convey Title
Glenn Gross contracted to sell land to Georgia Gibbs. At closing the title search revealed an unreleased lien from a prior owner. Georgia refused to close because the lien rendered title unmarketable. Glenn argued that most sales proceed without such defects, but the court held that the seller generally must deliver marketable title free from reasonable doubt.
Class Action for Injunctive Relief
Grace Gupta and other tenants sued their landlord for failing to repair common areas. The complaint alleged that the landlord refused repairs on grounds applicable to every unit in the building. The court certified the class under Rule 23(b)(2) because the refusal applied generally to the class, making final injunctive relief appropriate for the group as a whole.
Gabriel Gonzalez was charged with illegal parking in a city lot. The prosecution asked the court to notice that the lot is open to the public on weekdays. The judge took judicial notice because the fact is generally known within the trial court's territorial jurisdiction and not subject to reasonable dispute.
Former Client Information Use
Guillermo Guzman left a firm that had represented a technology company. A new client asked him to use details from the old representation to negotiate a competing deal. The ethics board found no violation because the information had become generally known in the industry and therefore fell outside the prohibition on adverse use.
Free Exercise and Neutral Laws
Gino Giordano was denied unemployment benefits after he was fired for using a controlled substance during a religious ceremony. He claimed the denial violated free exercise. The court rejected the claim because the criminal prohibition was a neutral, generally applicable law that incidentally burdened religious practice and required no special exemption.
Contract Language Interpretation
Gulfstream Aviation agreed to deliver aircraft parts described as arriving 'promptly.' When delivery took three weeks, the buyer claimed breach. The court interpreted 'promptly' according to its generally prevailing meaning in the aviation industry rather than a stricter standard urged by the buyer.
Common questions
Frequently Asked
3
Does 'generally' create an absolute rule or allow exceptions?+
The word signals that the stated rule applies in the ordinary case. Courts still recognize exceptions when specific facts or other doctrines require them, as seen in the marketability and class-action contexts.
How does 'generally known' differ from 'generally prevailing'?+
Generally known describes a fact that is common knowledge within a jurisdiction for judicial-notice purposes. Generally prevailing describes the ordinary meaning of contractual language used for interpretation.
When does 'generally applicable' trigger strict scrutiny in free-exercise cases?+
A law that is neutral and generally applicable receives rational-basis review even if it incidentally burdens religion. Strict scrutiny applies only if the law targets religion or is not generally applicable.
304 U.S. 64, 78–80 (1938)Conflict of Laws
…the company owes to persons on such permissive pathway a duty of care in the operation of its trains. . . . It is likewise generally recognized law that a jury may find that negligence exists toward a pedestrian using a permissive path on the railroad right of way if he is hit by some object projecting from the side of…
TortsStrict liability and products liability · Common law strict liability, including claims arising from abnormally dangerous activities, and defenses to such claimsUBEIntermediate