Written by attorneys · grounded in primary & secondary sources — see below
An adverb that qualifies a legal element or condition by indicating that the requirement is satisfied irrespective of the degree, extent, or manner of the act or circumstance.
Sources & Authorities· 40 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Slight Movement Satisfies Asportation
Harold Hunt lifts a wallet from a counter and shifts it two inches toward his pocket before dropping it. The slight displacement meets the asportation element because the defendant moved the property howsoever minimally during the carrying-away process.
Voluntary Renunciation Defense
Hassan Hakim begins to solicit an innocent agent to commit theft but then stops and warns the agent not to proceed. The renunciation defense applies because Hassan abandoned the effort howsoever the conduct is viewed under the complete-and-voluntary standard.
Extrajudicial Activity Limits
Judge Henry Harrison agrees to speak at a law-school panel on sentencing reform. The activity remains permissible because the judge participates howsoever the topic relates to judicial duties without creating frequent disqualification.
Hudson Partners contributes to a judicial candidate's campaign while seeking appointment as special counsel in a pending matter. The contribution violates the rule because the firm acts howsoever the purpose is to obtain the appointment.
Mistaken Belief in Trespass
Hector Hernandez enters land believing he holds an easement that does not exist. Liability for trespass arises because the entry occurs howsoever reasonable the mistaken belief of law or fact.
Attenuated Evidence Admissibility
Hope Howard's statement leads police to a witness whose later tip produces admissible evidence. The evidence is not suppressed because the connection to the initial illegality has become attenuated howsoever the temporal and intervening factors are weighed.
Common questions
Frequently Asked
3
Does 'howsoever' change the substantive legal test in the rules where it appears?+
No. The adverb emphasizes that the element or prohibition applies without regard to degree or manner but does not alter the underlying standard.
Supporting sources
In larceny, how slight must movement be to satisfy asportation under the 'however slightly' language?+
Any movement of the property, no matter how minimal, qualifies so long as the defendant gains control and carries the item away.
Supporting sources
Does a reasonable mistaken belief ever excuse intentional trespass under the 'however reasonable' phrasing?+
No. The rule imposes liability even when the belief is reasonable and not induced by the possessor.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…in regulation. Pp. 152-166. (a) The Constitution does not explicitly mention any right of privacy. In a line of decisions, however, going back as far as Union Pacific R. Co. v. Botsford , 141 U.S. 250 (1891), the Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of…