Also known as: genuinely · genuineness · authentic
Written by attorneys · grounded in primary & secondary sources — see below
Authentic or real rather than pretended or fabricated.
Gwen Gallagher approached Glenn Gross about robbing a warehouse and Glenn nodded along while secretly planning to alert the police. Because Glenn did not actually intend to commit the crime, the two lacked the required shared criminal purpose. Gwen therefore cannot be convicted of conspiracy.
Great Lakes Steel moved for summary judgment on its contract claim against Guardian Insurance. Guardian submitted an affidavit asserting that the policy contained an exclusion the steel company had never disclosed, while Great Lakes produced documents showing no such exclusion existed. The court must deny summary judgment because the record reveals an actual conflict over a material fact.
Select any source to read its text and confirm it supports the definition.
After an unlawful entry, officers obtained a search warrant based solely on a tip from an informant who had no connection to the illegal entry. The later seizure of documents under that warrant is admissible because the warrant rested on information wholly separate from the prior illegality.
Guillermo Guzman signed a power of attorney in the presence of a notary who confirmed his identity. Because the principal acknowledged the signature before an authorized notary, the signature is presumed authentic and the power of attorney is effective.
Gordon Gray agreed with an undercover officer to sell stolen goods. The officer only pretended to join the plan to gather evidence and never intended to commit the offense. No conspiracy formed because the parties did not both possess genuine criminal intent.
Gavin Grant moved for summary judgment and pointed to deposition testimony and documents showing the defendant had breached the contract. The defendant responded only with a general denial and failed to cite any record materials creating an actual conflict over the breach. The court may grant the motion.
At common law a conspiracy requires at least two participants who actually share the criminal objective. If one party merely pretends to agree and does not intend to commit the offense, the agreement fails and neither party can be convicted of conspiracy.
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The non-movant must cite particular parts of the record or produce admissible evidence that creates an actual conflict over a material fact. A bare denial or unsupported assertion is insufficient.
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Evidence is admissible if police later obtain it through a valid warrant based entirely on information unconnected to the prior illegality. The later lawful seizure breaks the causal chain from the illegal conduct.
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A signature is presumed genuine when the principal acknowledges it before a notary public or other authorized individual. The presumption allows reliance on the document by third parties who act in good faith.
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…west-coast States. Only one hails from the vast expanse in-between. Not a single Southwesterner or even, to tell the truth, a genuine Westerner (California does not count). Not a single evangelical Christian (a group that comprises about one quarter of Americans), or even a Protestant of any denomination. The strikingly…