Also known as: healthy · wellness
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The state of soundness or wholeness in body, mind, or soul. Freedom from pain or sickness constitutes the core condition.
The state of soundness or wholeness in body, mind, or soul. Freedom from pain or sickness constitutes the core condition.
Hector Huerta tells his physician that his back hurts intensely right now after a fall. The statement is offered to prove the existence of that pain at the time it was made. The court admits the statement because it describes the declarant's then-existing physical condition.
Harriet Hamilton seeks primary custody of her child. Evidence shows that the other parent suffers from untreated mental illness that impairs daily functioning. The court considers the mental and physical health of all individuals involved when determining the child's best interests.
The health of the community at large. Methods of maintaining the sanitary condition of the general population include preventive medicine and organized care for the sick.
Hope Howard leases a residential apartment from Horizon Realty. The building's plumbing fails to meet the local health code because of a persistent leak. Horizon Realty refuses to repair the defect. Hope Howard withholds rent and sues, relying on the landlord's obligation to maintain code-compliant conditions.
Hilda Hernandez owns a parcel zoned for low-density residential use. The city refuses to permit any commercial activity even though the land sits far from residential neighborhoods. Hilda Hernandez challenges the restriction, arguing it bears no substantial relation to public health or welfare and arbitrarily deprives her of beneficial use.
The health of the community at large. Methods of maintaining the sanitary condition of the general population include preventive medicine and organized care for the sick.
Each sense below has its own examples, sources, and questions.
A statement describing past pain or bodily health does not qualify. The exception covers only the declarant's then-existing physical condition, not a statement of memory or belief offered to prove the fact remembered.
A court considers the mental and physical health of all individuals involved when determining the child's best interests. The inquiry focuses on whether the child's present environment endangers the child's physical, mental, moral, or emotional health.
Hunter Hughes executes a trust whose stated purpose is to fund free vaccination clinics in underserved neighborhoods. The trust qualifies as charitable because its purpose is the promotion of health, a recognized category of charitable purpose that benefits the community.
Haven Medical owns land currently zoned industrial. The city council amends the zoning map after public hearings to reclassify the area residential. The amendment is justified because it bears a substantial relation to public health and general welfare by reducing industrial traffic near homes.
A tenant may withhold rent when the landlord fails to keep residential property in compliance with governing health and housing codes, provided the failure is not the tenant's fault or caused by sudden non-manmade forces or third persons.
A zoning ordinance is constitutional if its classifications are reasonable and bear a substantial relation to public health, safety, morals, or general welfare. Courts apply rational-basis review and uphold the ordinance unless it is arbitrary.
A charitable trust may be created for the promotion of health when its purpose is to relieve poverty, advance education or religion, promote health, or achieve other purposes beneficial to the community.
…For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health. Pp. 163-164. (e) For the stage subsequent to viability, the State…