Also known as:including, without limitation · include without limitation · including but not limited to · without limiting the generality
Written by attorneys · grounded in primary & secondary sources — see below
A drafting phrase that introduces a non-exhaustive list of examples. It signals that the enumerated items illustrate but do not restrict the broader category being described.
Sources & Authorities
How it applies
Common Examples
6
Judge's Family Ties
Judge Harlan learns that his niece's law firm represents the defendant in a contract dispute before him. Harlan steps aside from the case after reviewing the disqualification standard. The niece's involvement supplies one ground that triggers the need for recusal.
Attorney's Derogatory Remarks
During a custody hearing, counsel refers to the mother's Caribbean heritage when questioning her fitness. The judge immediately directs counsel to stop and instructs the jury to disregard the comments. The intervention prevents the remarks from influencing the proceeding.
Select any source to read its text and confirm it supports the definition.
Statutes
Uniform Acts
Model Codes
Dictionaries
Defense counsel makes five separate comments about the plaintiff's sexual orientation while cross-examining damages witnesses. The judge sustains each objection and orders counsel to cease. The sustained objections keep the trial focused on admissible evidence.
Judicial Fundraising
Judge Rivera agrees to serve on the planning committee for a bar association's annual ethics seminar. Rivera also helps solicit contributions from other judges outside her supervisory chain. Both activities fall within permitted judicial participation.
Contract Price Adjustment
Alcoa and Essex enter a long-term aluminum supply agreement containing a price-escalation clause. When market conditions shift dramatically, Alcoa seeks reformation. The court examines whether the clause covers the unforeseen events that altered the parties' original expectations.
Aluminum Company of America v. Essex Group, Inc.499 F. Supp. 53 (W.D. Pa. 1980)
Tobacco Advertising Limits
Massachusetts issues regulations restricting outdoor tobacco advertising near schools. Lorillard challenges the rules as overbroad. The Court analyzes whether the restrictions satisfy the requirements for commercial-speech regulation while leaving other promotional channels open.
Lorillard Tobacco Co. v. Reilly533 U.S. 625 (2001)
Common questions
Frequently Asked
4
What does the phrase signal about a following list?+
The phrase signals that the list supplies examples only and does not exhaust the category. Any item fitting the broader description remains covered even if omitted from the list.
Supporting sources
Does the phrase change the scope of a rule when it appears in a judicial-conduct provision?+
No. The phrase keeps the rule's prohibition or permission open-ended. Conduct or circumstances that match the described category remain covered whether or not they match one of the listed examples.
How does the phrase affect an operating-agreement clause describing company activities?+
The phrase renders the clause illustrative rather than restrictive. Activities that qualify as renewable energy work remain authorized even if they differ from the specific servicing and monitoring examples listed.
Supporting sources
Can a power-of-appointment clause use the phrase to expand the permissible appointees?+
No. The phrase still limits appointees to the class the donor named. An appointment outside that class remains ineffective regardless of additional descriptive language.
Supporting sources
494 U.S. 872, 110 S. Ct. 1595, 108 L. Ed. 2d 876 (1990)Constitutional Law
…for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions . . . , including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites”).[^maj-8] Congress recognized that certain substances, such as…