Written by attorneys · grounded in primary & secondary sources — see below
An adverbial phrase indicating that a legal act, obligation, or effect applies completely or to an entire matter.
Sources & Authorities
How it applies
Common Examples
6
Full Manifestation of Assent
Israel Irving offered to sell equipment to Ironclad Industries. Ironclad responded by signing the purchase order and immediately wiring full payment without any reservation. The parties thereby manifested assent in toto through their combined words and conduct, forming an enforceable contract.
Independent Source Evidence
Igor Ito challenged the seizure of documents from his home. Officers later obtained a warrant based solely on tips from a confidential informant unrelated to the initial entry. The court admitted the evidence in toto because the warrant rested on an independent source.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Study Supplements
Dictionaries
Iain Irons executed a new will that disposed of his entire estate differently from his prior will. Because the new will made a complete disposition, it revoked the earlier will in toto by inconsistency under the governing statute.
Termination of Complicity
Idina Iverson agreed to help a friend obtain controlled substances but withdrew before any purchase occurred. She wholly deprived the plan of effectiveness in toto by alerting authorities in time, terminating her liability as an accomplice.
Mandatory Indemnification
Ivy Ibarra, a director of Indigo Textiles, prevailed on the merits in a shareholder suit. Because she was wholly successful in defending the proceeding, the corporation was required to indemnify her expenses in toto under the statute.
Self-Defense Against Serious Harm
Imran Iyer faced an attacker wielding a knife. He responded with force that created a substantial risk of fatal injury. The privilege of self-defense applied in toto because the threatened harm qualified as serious bodily harm.
Common questions
Frequently Asked
5
What does in toto mean in legal drafting?+
It signals that a rule, revocation, or remedy applies completely rather than partially to the subject matter.
Supporting sources
How does in toto appear in contract formation rules?+
Manifestations of assent may occur wholly or partly by words or conduct, allowing a contract to form in toto even without a single writing.
When does a subsequent will revoke an earlier will in toto?+
A later will revokes the prior will completely by inconsistency when the testator intends the new will to replace rather than supplement the old one.
What must an accomplice do to withdraw complicity in toto?+
The accomplice must terminate participation before the offense and wholly deprive the plan of effectiveness or give timely warning to authorities.
When is corporate indemnification required in toto?+
A corporation must indemnify a director who was wholly successful on the merits or otherwise in defending a proceeding arising from the directorship.
410 U.S. 113 (1973)Constitutional Law
…of the mother. Pp. 163-164. 6. The State may regulate the manner in which abortions are performed, but may not proscribe them entirely. Pp. 163-166. 7. Measured against these standards, the Texas abortion laws are unconstitutional. Pp. 164-166. 8. The facial invalidity of the Texas abortion laws does not require that all…