Written by attorneys · grounded in primary & secondary sources — see below
A fact or consideration that does not affect the legal rights, duties, or outcome of a dispute.
Sources & Authorities· 6 primary sources
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Model Codes
Restatements
How it applies
Common Examples
6
Pleading Allegation Struck
Imani Idowu sued Island Manufacturing for breach of contract and included a paragraph alleging the CEO once made an offensive remark unrelated to the deal. The court granted the motion to strike that paragraph because the remark had no bearing on whether a contract existed or was breached.
False Imprisonment Confinement
Ike Ingram locked the door to a room containing Israel Irving, then removed the only key from the building. The court held that the indirect nature of the confinement did not prevent liability because the method of causing the confinement carried no legal weight.
Irene Ingalls used a rolled newspaper to strike an attacker she reasonably believed threatened serious injury. When the blow unexpectedly caused a fatal head injury, the court ruled the unexpected severity did not remove the privilege of self-defense.
Commission Delivery Dispute
After President Adams signed judicial commissions, a clerk placed them on a desk but never delivered them before the new administration took office. The court concluded that the fate of the undelivered commissions did not determine whether the appointees held vested rights.
Marbury v. Madison5 U.S. (1 Cranch) 137 (1803)
Paid Editorial Advertisement
A civil rights group paid the New York Times to publish a full-page statement criticizing police conduct. The Court held that payment for the space did not convert the statement into unprotected commercial speech.
New York Times v. Sullivan376 U.S. 254 (1964)
Assisted Suicide Consent
A physician provided lethal medication to a terminally ill patient who requested it. The Court ruled that the patient's consent did not shield the physician from criminal liability under state law prohibiting assistance in suicide.
Washington v. Glucksberg521 U.S. 702 (1997)
Common questions
Frequently Asked
4
When may a court strike language from a pleading as immaterial?+
A court may strike any redundant, immaterial, impertinent, or scandalous matter from a pleading on its own initiative or on a party's timely motion.
Supporting sources
Does the method of causing confinement affect false-imprisonment liability?+
Liability exists whenever an intentional act is the legal cause of confinement, regardless of whether the act produces the confinement directly or indirectly.
Supporting sources
Does unexpected serious injury from defensive force defeat the privilege?+
The privilege of self-defense turns on the harm the actor intends or reasonably expects to cause, not on harm that unexpectedly results.
Supporting sources
Is title to collateral relevant under Article 9?+
Article 9 rights and obligations apply whether title to the collateral rests in the secured party or the debtor.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…The court opined he was not bound to say what had become of them; if they never came to Mr. Madison's possession, it was immaterial to the present cause what had been done with them by others. To the other questions he answered that he had seen commissions of justices of the peace of the District of Columbia signed by…