Also known as: lay · layperson · layman
Written by attorneys · grounded in primary & secondary sources — see below
A level of skill or knowledge typical of a person without professional training or expertise in a particular field.
Lamar Lewis, a non-expert citizen without tax policy training, challenged a federal levy on imported goods. The court upheld the measure because Congress possessed the enumerated power to impose it uniformly. Lamar's lay understanding of revenue needs did not alter the constitutional grant.
Levi Lowe, a lay business owner unfamiliar with trade regulation, protested a state fee on exported produce. The court struck down the fee because the state lacked consent from Congress to impose it. Levi's ordinary perspective on local commerce did not override the prohibition.
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Lars Lindstrom, a lay mill operator without specialized shipping knowledge, sought extra damages after a carrier delayed a broken crankshaft. The court limited recovery to losses that would ordinarily arise in the usual course of events. Lars's non-expert expectations did not expand the carrier's liability.
Luke Latham, a lay client without litigation experience, sought production of an attorney's interview notes. The court shielded the materials because they reflected counsel's mental impressions prepared in anticipation of trial. Luke's ordinary view of discovery did not pierce the qualified immunity.
Luis Lopez, a lay immigrant without formal legal training, contested a one-house veto of his deportation suspension. The court invalidated the veto because it constituted an improper legislative act outside bicameral passage. Luis's non-expert understanding of procedure did not salvage the mechanism.
Lena Lawson, a lay grandmother without constitutional expertise, challenged a city ordinance that excluded her from living with her grandchildren. The court struck down the definition because it arbitrarily limited protected family arrangements. Lena's ordinary expectation of household composition prevailed under due process.
A gratuitous agent must exercise the care and skill that an ordinarily careful non-professional would use when performing a similar favor. This standard differs from the professional-care duty imposed on a compensated expert agent.
A paid agent must meet the customary local professional methods for the task and must also apply any special skill the agent actually possesses. The lay standard no longer governs once compensation and expertise are present.
An expert agent breaches when she fails to consult routine professional sources such as catalogues raisonnés or databases that a person with her knowledge would use with due care. Mere reliance on a dealer's file falls below this heightened informational standard.
…Judge at the next trial ought to direct the jury to be governed by when they estimate damages. It is of the last importance to lay down a definite rule, for if juries are left without guidance it may lead to great injustice. Where two parties have made a contract which one of them has broken, the damages which the…