Also known as: insert · inserts · inserted · inserting · insertions
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An act of placing any part of the body or an inanimate object inside a structure. Insertion of a tool constitutes entry when used to commit a felony inside the dwelling but not when used solely to gain access.
An act of placing any part of the body or an inanimate object inside a structure. Insertion of a tool constitutes entry when used to commit a felony inside the dwelling but not when used solely to gain access.
Select any source to read its text and confirm it supports the definition.
The addition of language to an existing document. Unauthorized insertion of terms can constitute a material alteration or an abuse of a fiduciary relationship that invalidates an exculpatory provision.
Select any source to read its text and confirm it supports the definition.
The addition of language to an existing document. Unauthorized insertion of terms can constitute a material alteration or an abuse of a fiduciary relationship that invalidates an exculpatory provision.
Each sense below has its own examples, sources, and questions.
Ian Iverson used a long screwdriver to push open a window latch on Iris Irons's home. Once the latch gave way, he slid the screwdriver inside the frame and then reached his hand through the opening to unlock the window from within. The insertion of the tool to facilitate the felony supplies the entry element for burglary.
Yes. Any part of the body placed inside the structure, even for an instant, constitutes entry. The rule treats the brief physical intrusion as sufficient regardless of how little of the body crosses the threshold.
Supporting sources
Insertion of a tool counts as entry only when the defendant uses the tool to commit the intended felony inside the dwelling. Using the tool solely to gain access does not satisfy the entry element.
Supporting sources
Integrity Partners mailed the required notice of default and right to cure to each obligor on a residential mortgage. The notice was inserted into the foreclosure file exactly thirty days before any further action was taken under state law. Because the separate mailing occurred on time, the lender could lawfully proceed with foreclosure.
Ira Irving, as trustee, added an exculpatory clause to the trust instrument after the settlor had already signed the initial draft. The clause was inserted as a result of the trustee's abuse of the fiduciary relationship. The term is therefore unenforceable against the beneficiaries.
After the President signed and sealed the commission, the Secretary of State directed that the document be recorded. The manual insertion of the commission into the record book had not yet occurred, but the appointment was already complete under law.
The state legislature inserted a specific effective-date provision into the abortion statute before final passage. The inserted language controlled when the new restrictions would take effect and how they would interact with existing constitutional standards.
Rural Telephone Service inserted subscriber names and addresses into its white-pages directory. The insertion of the raw data alone did not create copyright protection because the selection and arrangement lacked the minimal creativity required for original authorship.
The inserted clause is unenforceable if it resulted from the trustee's abuse of a fiduciary or confidential relationship with the settlor. The term relieving liability is invalid to that extent.
Supporting sources
No. When the grantee neither consents to nor knows of the inserted assumption language, the insertion is ineffective to create personal liability on the mortgage debt.
Supporting sources
…to record any instrument and the order for that purpose has been given, the instrument is in law recorded although manual insertion might not yet have been performed. In commissions when they are signed and sealed the order for recording is given; whether inserted in the book or not they are in law recorded and a copy…