Also known as: in-law · by law · according to law
Written by attorneys · grounded in primary & secondary sources — see below
A status or condition that exists by operation of law rather than by actual occurrence or agreement.
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Ian Iverson was arrested and charged with a felony but had not yet retained or been appointed an attorney. Under the governing rule, Ian possessed the right to assistance of counsel in law from the moment formal charges were filed, allowing him to demand appointment before any critical stage proceeded.
Isla Ireland, a sitting judge, received an invitation to join a private company's board. The governing rule established that Isla's judicial duties took precedence in law over any personal or extrajudicial activity, requiring her to decline the position regardless of her personal interest.
Ismael Ibrahim previously worked as a government investigator and learned confidential details about a company. After entering private practice, Ismael was approached to represent a client adverse to that company. The governing rule barred Ismael in law from accepting the representation because the information could materially disadvantage the company.
Ivy Ibarra operated a delivery truck and failed to inspect its brakes as required by safety regulations. When the brakes failed and caused an accident, the governing rule classified Ivy's conduct as negligence in law because it fell below the standard established for protection against unreasonable risk of harm.
Imani Idowu defaulted on a home mortgage held by Infinity Bank. The bank attempted to begin nonjudicial foreclosure immediately. The governing rule prevented the bank from commencing foreclosure in law until it satisfied every condition required by the mortgage agreement and applicable law.
Ilana Isaacs signed her will in the presence of two witnesses but without a notary. The governing rule required that the will be acknowledged by the testator before a notary public or other authorized individual in law for the document to be validly executed.
A status exists in law when it arises by operation of legal rules rather than from actual events or agreements between parties. The contrast appears when a legal consequence attaches even though the underlying facts differ from the legal characterization.
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A court applies the in-law characterization when a statute, constitutional provision, or common-law rule creates the status regardless of the parties' actual conduct or intentions. This occurs, for example, when a presumption or formal requirement supplies the legal effect.
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Yes. When the actual facts align with the legal rule, the same condition exists both in law and in fact. The distinction becomes important only when the legal rule produces a result different from the factual reality.
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…that power? The second section of the third article of the Constitution gives this court appellate jurisdiction in all cases in law and equity arising under the Constitution and laws of the United States (except the cases in which it has original jurisdiction) with such exceptions and under such regulations as Congress…