Also known as: identities · identify · identifying · identification · personal identity · legal identity
Written by attorneys · grounded in primary & secondary sources — see below
The distinguishing characteristics or name by which a particular person or thing is known or recognized. This element ensures that legal instruments, procedures, and proofs accurately designate the relevant actor, object, or party.
Isabelle Inman executes a deed conveying her lakeside cabin to Ivy Ibarra. The document contains a writing, words of conveyance, a property description, Inman's signature, and delivery, but the grantee's name is omitted entirely. Title does not pass because the deed fails to identify the grantee.
Idris Ives sues a company under the wrong corporate name. After the limitations period, he seeks to amend the complaint to name the correct entity. The new defendant knew or should have known that the suit would have been brought against it but for the mistake in party identity, so the amendment relates back.
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Officers obtain a warrant to search a warehouse for stolen electronics. The warrant names the warehouse address and the specific items to be seized but fails to designate the magistrate judge to whom it must be returned. The warrant is invalid for lack of proper identification of the return recipient.
Israel Irving is charged with robbing a bank. The prosecution offers evidence that Irving committed a nearly identical robbery two months earlier using the same disguise and getaway route. The evidence is admitted to prove the identity of the perpetrator in the charged offense.
Irene Ingalls agrees with one person to distribute narcotics. She knows that person has conspired with several others to distribute the same narcotics, though she does not know their names. Irene is guilty of conspiring with those unknown persons as well.
A lawyer serves on the board of a nonprofit advocating changes to probate procedures. One proposed reform would benefit a current client. The lawyer discloses the potential benefit to the organization but need not name the client.
Relation back occurs when the new party knew or should have known that the action would have been brought against it but for the mistake concerning the proper party's identity, provided the notice and prejudice conditions are also met within the Rule 4(m) period.
Evidence of other crimes or acts may be admitted to prove identity when it shows the defendant committed the charged offense through distinctive methods, patterns, or other non-propensity purposes listed in the rule.
Except for tracking-device warrants, the warrant must identify the person or property to be searched, identify any person or property to be seized, and designate the magistrate judge to whom it must be returned.
A person guilty of conspiracy is guilty of conspiring with additional unknown persons who have conspired with a known co-conspirator to commit the same crime, whether or not the defendant knows their identity.
…Aaron v. SEC, 446 U. S. 680, 691 (1980) ("[S]cienter is an element of a violation of § 10(b) and Rule 10b-5, regardless of the identity of the plaintiff or the nature of the relief sought"). We recognize that trading (and profit making) by insiders can serve as an indication of materiality, see SEC v. Texas Gulf Sulphur…