Written by attorneys · grounded in primary & secondary sources — see below
A preposition used to introduce a clause or phrase indicating that something occurs or holds true in spite of an opposing factor or condition.
Sources & Authorities· 38 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Pre-Constitution Debt Enforced
Metro Bank sought repayment of a loan made under the Articles of Confederation. The court upheld the obligation maugre the adoption of the new Constitution because Article VI preserved all prior valid debts against the United States.
Witness Refusal Overcome
Megan Moore refused to answer questions about the transaction even after the judge ordered her to testify. The court admitted her prior statement maugre the refusal because her unavailability under Rule 804(a)(2) triggered the hearsay exception.
Lawyer Withdraws from Fraudulent Scheme
Marco Marquez discovered that his client intended to use the legal services to perpetrate a securities fraud. The lawyer withdrew maugre the client's protests because Rule 1.16(a)(4) required termination once the criminal purpose became clear.
Mina Mehta and Mason McCarthy orally agreed to cancel their written land-sale contract before either performed. The court enforced the rescission maugre the statute of frauds because section 148 permits oral discharge of unperformed duties under an enforceable contract.
Obvious Danger Bars Recovery
Maria Morales slipped on a wet floor that the store had posted with multiple warning signs. The court denied recovery maugre the store's ownership of the premises because section 343A(1) relieves a possessor of liability when the danger is known or obvious to the invitee.
Entry Ban Upheld on Security Grounds
Momentum Capital challenged an executive order restricting entry from certain countries. The court sustained the order maugre claims of improper motive because rational-basis review applies in immigration matters and the order stated a legitimate national-security purpose.
Common questions
Frequently Asked
1
How does maugre differ from the modern term notwithstanding?+
Maugre functions identically to notwithstanding as a preposition signaling that a result holds despite an opposing condition. The dictionary entry confirms the archaic usage in legal contexts such as evidentiary rulings or contractual obligations.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…state court have upon the propriety of the federal court's granting relief to him as a plaintiff-intervenor? A. Jane Roe. Despite the use of the pseudonym, no suggestion is made that Roe is a fictitious person. For purposes of her case, we accept as true, and as established, her existence; her pregnant state, as of…