Also known as: in conspectu eius · in his sight · before him
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An occurrence or fact within the sight or view of a particular person, especially a judge.
A statement or action falling within the official purview of a judge performing a judicial function.
Each sense below has its own examples, sources, and questions.
An occurrence or fact within the sight or view of a particular person, especially a judge.
Isaac Irving served as trustee for a university while presiding over a contract dispute involving the same institution. The university's ongoing negotiations with the litigant were documented in files the judge had reviewed months earlier. After judgment, the losing party discovered the connection and sought vacatur on the ground that the facts were in the judge's view at the time of decision.
Imani Idowu sued her employer for breach of a collective bargaining agreement. The district court ordered specific performance after finding that the employer's refusal to arbitrate appeared in filings already reviewed by the presiding judge. The appellate court affirmed, treating the visible refusal as sufficient to support the remedy.
A statement or action falling within the official purview of a judge performing a judicial function.
Ivy Ibarra, a college football coach, sued a magazine for libel after an article accused him of fixing games. The statements appeared in widely circulated issues that the trial judge had seen on newsstands before trial. The court applied absolute privilege because the publications bore relation to the matter before it.
Isabelle Inman challenged a local handgun prohibition after police seized her registered pistol during a traffic stop. The trial court noted that enforcement records had been compiled and placed before city officials who testified. The court struck down the ordinance on Second Amendment grounds.
India Inoue, a film studio executive, sued an electronics manufacturer for contributory copyright infringement after consumers used devices to copy movies. Internal memos showed the manufacturer knew of the copying practice because advertisements appeared in plain view at trade shows the studio attended. The court found no liability on the secondary-infringement claim.
Israel Irving sued his former employer for race discrimination after learning of a statistical pattern in promotions. Company records introduced at trial showed the pattern had been compiled and reviewed by managers in the employer's headquarters. The court treated the data as visible to the defendant for purposes of the prima-facie case.
A fact counts as being in the judge's view when it appears in documents or circumstances the judge has actually reviewed or that are plainly before the court. The standard is objective and focuses on what a reasonable observer would conclude the judge should have known.
No. The phrase emphasizes objective visibility rather than subjective awareness. A conflict visible in court files or public records can trigger consequences even if the judge lacked personal knowledge at the time of decision.
The phrase identifies statements made within the judge's official view during proceedings. Such statements receive absolute privilege when they bear some relation to the matter before the court.
…the warning as to appointed counsel apparently indicates only that one will be assigned by the judge when the suspect appears before him; the thrust of the Court's rules is to induce the suspect to obtain appointed counsel before continuing the interview. See ante , pp. 484-486. Apparently American military practice,…