Written by attorneys · grounded in primary & secondary sources — see below
The final or ultimate position in a sequence or the concluding element of a legal instrument or doctrine.
Lamar Lewis conveyed land to his niece Lola Langley for the duration of her mother's life. The deed created an estate that could not last longer than the measuring life, satisfying the requirements for a life estate under applicable property rules. Lola took possession and collected rents for fifteen years until her mother died. At that point the estate terminated automatically and the remainder interest vested in the designated heirs.
Leo Lynch drove through an intersection without looking and struck Luis Lopez's vehicle. Luis had negligently entered the intersection moments earlier. Because Leo had the final opportunity to avoid the collision by braking, the last clear chance rule allowed Luis to recover despite his own prior negligence. The jury found Leo solely responsible for the resulting damages.
Select any source to read its text and confirm it supports the definition.
Landon Long signed a document titled 'this is my Last Will' that left his estate to a friend. Evidence showed the document was executed only to induce the friend to enter a personal relationship. The court treated the instrument as a sham will rather than a valid testamentary disposition. Extrinsic evidence rebutted the presumption of testamentary intent created by the title.
Linden Bank served as trustee of a pet trust created by Lucia Lopez to care for her two dogs. The trust instrument provided that it would continue until the death of the last surviving animal. When the second dog died five years later, the trust terminated and any remaining funds passed to the designated remainder beneficiary.
Lola Langley and Lamar Lewis lived together for three years and used a common last name on mail and tax returns. They told neighbors they were married and maintained a joint bank account. These acts satisfied the holding-out element required for a common law marriage. A court later recognized the marriage as valid under state law.
Lone Peak Energy filed its answer on March 1. The opposing party served a written jury demand on March 20. Because the demand came more than fourteen days after the last pleading directed to the issue, the court held the demand untimely under the federal rules. The case proceeded to a bench trial.
The doctrine applies when the defendant had the final opportunity to avoid harm after the plaintiff's negligence had already occurred. It permits recovery despite the plaintiff's contributory negligence if the defendant failed to exercise reasonable care at that final moment. The rule is an exception to the general bar on recovery created by contributory negligence.
The title creates only a rebuttable presumption that the instrument was intended as a will. Extrinsic evidence may show the document was executed for a non-testamentary purpose such as inducing a personal relationship. When that evidence is convincing the instrument is denied effect as a will.
The trust ends upon the death of the animal or, if multiple animals are covered, upon the death of the last surviving animal. Any excess funds may then be applied to other purposes or returned as provided in the trust terms. The rule limits the trust's duration to the lives of the designated animals.
Using a common last name, maintaining joint accounts, and publicly representing the relationship as a marriage are classic indications. The parties must consistently present themselves as spouses to the community. Private disclaimers can undermine a finding of public holding out.
…the party is entitled. A justice of the peace in the District of Columbia is not removable at the will of the President. At the last term, viz. December term, 1801, William Marbury, Dennis Ramsay, Robert Townsend Hooe, and William Harper, by their counsel Charles Lee, late Attorney General of the United States, severally…