Written by attorneys · grounded in primary & secondary sources — see below
A limiting phrase that restricts the scope of a statement, rule, or determination to a specified extent or condition. The phrase qualifies the reach of the preceding language so that it applies only within the stated boundaries.
Sources & Authorities
How it applies
Common Examples
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Board Determination of Share Value
Interlink Communications' board discussed the marketing value of influencer services before issuing shares to the promoter. The board's informal conclusion that the services constituted adequate consideration made the shares validly issued, fully paid, and nonassessable to that extent.
Restricted Consent to Enter Land
Ike Ingram invited Ivy Ibarra onto his property only for a scheduled demonstration in the main conference room between 2 p.m. and 4 p.m. When Ibarra entered a private office and remained past 4 p.m., her presence exceeded the limits of consent and constituted a trespass.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Model Codes
Restatements
Study Supplements
A federal statute attempted to give the Supreme Court original jurisdiction over certain writs. The Court held the statute ineffective to that extent because the Constitution did not authorize such an expansion of original jurisdiction.
Marbury v. Madison5 U.S. (1 Cranch) 137 (1803)
Notice Requirements for Known Beneficiaries
A trust sought to notify beneficiaries of an accounting proceeding solely by publication. The Court required mailed notice to known beneficiaries with known addresses because publication alone failed to satisfy due process for those individuals.
Mullane v. Central Hanover Bank and Trust Co.339 U.S. 306, 313-314 (1950)
Legislative Veto Mechanism
A statute allowed one house of Congress to override an executive decision on deportation. The Court invalidated that mechanism because it permitted legislative action without bicameral passage and presentment to the President.
Immigration & Naturalization Service v. Jagdish Rai Chadha462 U.S. 919, 954 n. 16, 103 S.Ct. 2764, 2785 n. 16, 77 L.Ed.2d 317
Scope of Federal Intervention
A federal court had granted relief to a physician challenging a state criminal statute. The reviewing court dismissed that portion of the complaint because the physician could raise his defenses in the pending state proceedings.
Roe v. Wade410 U.S. 113 (1973)
Common questions
Frequently Asked
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How does the phrase limit the effect of a board determination under corporate statutes?+
The phrase confines the conclusive effect of the board's adequacy finding to the questions of valid issuance, full payment, and nonassessability. It does not extend to other issues such as whether the issuance complied with articles of incorporation that reserve power to shareholders.
What happens when consent to enter land is subject to conditions?+
The privilege to enter exists only to the extent the stated conditions are met. Entry outside those conditions, such as entering a different room or remaining after the permitted time, removes the privilege and supports a trespass claim.
Does the phrase appear in constitutional analysis?+
Yes. Courts use it to mark the precise boundary of a statute's validity, holding a provision ineffective only to the extent it conflicts with a higher constitutional command while leaving the remainder intact.
5 U.S. (1 Cranch) 137 (1803)Property
…the Constitution is void and that courts as well as other departments are bound by that instrument. Therefore the Judiciary Act insofar as it purports to extend the Supreme Court's original jurisdiction beyond that which the Constitution permits is repugnant to the Constitution and void. The mandate of the Judiciary Act giving…