Written by attorneys · grounded in primary & secondary sources — see below
A verb form indicating that a legal proceeding has commenced or begun.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Burglary Dwelling Entry
Hector Hernandez entered a cabin where tenants regularly slept even though they also ran a small business from it. The structure remained a dwelling under the rule because the tenants used it for sleeping and their temporary absence did not change its character.
Marketable Title Dispute
Helena Hoffman contracted to buy land from Highland Farms but discovered an unreleased lien. The title was unmarketable because a reasonably prudent purchaser would not accept it with that encumbrance, allowing Helena to refuse closing.
Voting Rights Challenge
Hiroshi Hasegawa attempted to register to vote but faced a state rule limiting participation by sex. The Nineteenth Amendment barred denial of the right to vote on account of sex, so the restriction could not stand.
Hannah Hughes filed a complaint containing factual contentions that lacked evidentiary support at the time of filing. Under the rule the contentions must have evidentiary support or be likely to gain it after reasonable investigation.
Evidence Relevance Ruling
Henry Harrison offered a document at trial. The court admitted it because the evidence had any tendency to make a consequential fact more or less probable than it would have been without the evidence.
Judicial Recusal Motion
Hugo Hart moved to recuse the judge because the judge knew that a family member residing in the household had an economic interest in a party to the proceeding. The rule required disqualification under those circumstances.
Common questions
Frequently Asked
1
What does the verb 'had' signify in statutes that bar proceedings until notice is given?+
It means the proceeding has commenced or begun. The dictionary entry illustrates the usage in foreclosure statutes that require prior notice before any action may be had or maintained.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…and did not know what became of them nor whether they were then in the Secretary's office. Mr. Lincoln, Attorney General, having been summoned and called, objected to answering and requested the questions be put in writing and that he have time to determine whether he would answer. He had been acting as Secretary of…