Written by attorneys · grounded in primary & secondary sources — see below
Shared by or belonging to two or more persons or entities. The term denotes collective action, responsibility, ownership, or prosecution among the participants.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
How it applies
Common Examples
6
Law Firm Sanction Responsibility
Jerome Jackson, an associate at a firm, filed a pleading containing unsupported factual denials. After notice and a hearing, the court found a Rule 11 violation. The court imposed sanctions on both Jackson and the firm because the firm bore responsibility for the associate's filing.
Peremptory Challenge Allocation
Jacqueline Juarez and Jordan Jenkins faced joint trial on a felony charge carrying more than one year of imprisonment. The government exercised six peremptory challenges while the two defendants together exercised ten challenges during jury selection.
Conspiracy Prosecution Decision
Jillian James and Jason Jung were charged with conspiring to commit multiple related offenses as part of an organized scheme. The prosecutor elected to try them jointly because the alleged conspiracies formed different aspects of the same criminal conduct.
Fee Division Arrangement
Jasmine Jordan and a lawyer from another firm agreed to split a fee for representing a client. Each lawyer assumed joint responsibility for the entire representation and confirmed the division in writing with the client's consent.
Concurrent Ownership Form
Juarez Holdings conveyed land to two individuals who took title as joint tenants. State law permitted joint tenancy as a form of concurrent ownership, so the grantees held the estate with right of survivorship.
Marital Property Disposition
A state statute granted a husband unilateral authority to sell property held jointly with his wife. The wife challenged the statute, and the court struck it down because the gender-based classification failed intermediate scrutiny under the Equal Protection Clause.
Common questions
Frequently Asked
6
When does a law firm share responsibility for a Rule 11 violation committed by one of its lawyers?+
A law firm must be held jointly responsible for a violation committed by its partner, associate, or employee absent exceptional circumstances. The court may impose sanctions on the firm after notice and opportunity to respond.
How many peremptory challenges do multiple defendants receive in a non-capital felony trial?+
The defendant or defendants jointly receive ten peremptory challenges while the government receives six when the offense is punishable by more than one year of imprisonment.
Under what circumstances may persons charged with conspiracy be prosecuted together?
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Two or more persons charged with criminal conspiracy may be prosecuted jointly when they are charged with conspiring with one another or when the conspiracies constitute different aspects of a scheme of organized criminal conduct.
What condition allows lawyers not in the same firm to divide a fee?+
A division of a fee between lawyers not in the same firm is permitted when the division is in proportion to services performed or each lawyer assumes joint responsibility for the representation, the client agrees in writing, and the total fee is reasonable.
When may an estate be held in joint tenancy under the Restatement (First) of Property?+
An estate may be held in joint tenancy when joint tenancy is an allowed form of concurrent ownership in the state and the conveyance satisfies the stated conditions for creating that estate.
Why does a statute giving a husband unilateral power over jointly owned marital property violate equal protection?+
The statute creates an impermissible gender-based classification that fails intermediate scrutiny because it treats husbands and wives differently without an exceedingly persuasive justification.
jointly
with some other department of the government." 1 J. Story, Commentaries on the Constitution of the United States 611 (3d ed. 1858). See 1 M. Farrand, The Records of the Federal…
moved this Court to unseal those parts of the record which related to the action of the grand jury regarding the President. After receiving a statement in opposition from the defendants,…
TortsNegligence · Limitations on liability and special rules of liabilityUBEFoundational