Also known as:legitimacy · legitimates · legitimated · legitimating · legitimation · lawful · valid
Written by attorneys · grounded in primary & secondary sources — see below
An adjective describing conduct, status, or an objective that complies with the law or is otherwise lawful and proper. It encompasses actions or relationships that are valid under governing rules and not contrary to public policy.
Sources & Authorities· 40 primary sources
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
How it applies
Common Examples
6
Unlawful Objective in Conspiracy
Lila Lin and Leonard Lowe agree to pressure a local official into granting a permit by threatening negative publicity. The agreement targets an objective the law regards as contrary to public welfare. Their conduct supplies the unlawful element required for conspiracy liability even though the underlying acts are not themselves criminal.
Valid Obligation Securing Mortgage
Landon Long executes a mortgage to Lone Peak Energy to secure repayment of an existing loan. The underlying debt is enforceable and not discharged. The mortgage remains valid and enforceable because the obligation it secures meets all legal requirements.
Supremacy of Federal Law
Luna Lang, a state judge, faces a conflict between a state statute and a federal treaty on trade regulation. The treaty was made under the authority of the United States. The treaty controls as the supreme law of the land and binds the state court.
Hearsay Exception for Family History
Lucy Liu offers a statement by her deceased aunt concerning the legitimacy of a family member. The statement concerns a fact of personal or family history. The hearsay exception applies even though the declarant lacked personal knowledge of the fact.
Permissible Reference to Protected Factors
A judge presiding over a custody dispute makes reference to a parent's age when the factor is directly relevant to the child's best interests. The reference is made for a legitimate purpose tied to the proceeding. The rule permits the reference without violating the prohibition on bias.
Writing Requirements for Lease
Lexicon Media and Landmark Realty execute a lease for commercial space. The writing identifies the parties, the premises, the duration, the rent, and bears the signature of the party to be charged. The lease satisfies the statute of frauds and is valid and enforceable.
Common questions
Frequently Asked
6
What makes an objective unlawful for conspiracy purposes at common law?+
An objective is unlawful if the parties agree to pursue it and the law regards the objective as contrary to public welfare, even if the conduct is not itself criminal. The agreement itself supplies the basis for liability once the unlawful character is shown.
When is a mortgage unenforceable because of the underlying obligation?+
A mortgage is unenforceable if the obligation it secures is void or has been discharged. The validity of the security device depends on the continuing existence of a lawful underlying debt or promise.
How does the Supremacy Clause affect conflicting state and federal law?
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Federal law made in pursuance of the Constitution and treaties made under United States authority are the supreme law of the land. State judges must apply federal law over conflicting state provisions.
What facts of family history qualify for the hearsay exception under Rule 804(b)(4)(A)?+
Statements concerning a declarant's own birth, adoption, legitimacy, ancestry, marriage, divorce, or relationship by blood or marriage qualify even without personal knowledge by the declarant.
When may a judge properly refer to otherwise protected characteristics?+
A judge may refer to the listed factors when the reference is legitimate and relevant to an issue in the proceeding. The rule permits such references without violating the general prohibition on bias.
What elements must a writing contain to satisfy the statute of frauds for a lease?+
The writing must identify the parties, the premises, the duration, the rent, and be signed by the party to be charged. Satisfaction of these elements renders the lease valid under the controlling statute of frauds.
interest in guarding against potential abuses in the withdrawal of life-sustaining treatment from incompetent patients. The State’s interest in the protection and preservation of human life…
, the case no longer would involve discrimination against il
legitimates
. Hard questions cannot be avoided by a hypothetical reshuffling of the facts. If Sherman Gordon had devised his estate…