Also known as:names · named · naming · appellation · designation
Written by attorneys · grounded in primary & secondary sources — see below
A word or phrase identifying or designating a person or thing and distinguishing that person or thing from others.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
House Journal Records Vote Names
After the House passes a revenue bill, the clerk records the names of all members voting yes or no on the journal. The Senate then proposes an amendment and returns the bill. The President receives the bill with the recorded names attached to the objections.
Attorney Signs Pleading with Contact Details
Nia Nkosi files a complaint in federal court. Her attorney signs the document and includes the firm's address, email, and telephone number below the signature. The clerk accepts the filing because the name and contact information appear as required.
Neville Norton advertises his services as a certified specialist. The communication states that the certifying organization is the National Board of Trial Advocacy. The advertisement complies because the name of the certifying organization appears clearly.
Company Uses Celebrity Name in Ad
Nexus Financial runs an advertisement featuring Nigel Nelson's name and photograph without permission. Nelson sues for invasion of privacy. The court holds the company liable because it appropriated Nelson's name for its own commercial benefit.
Entity Residence Determined by Jurisdiction
Nightingale Healthcare, an unincorporated entity, faces suit in a district where it is subject to personal jurisdiction. The court deems the entity to reside in that district for venue purposes. The entity's common name under applicable law appears in the caption as defendant.
Partnership Property Presumed from Purchase
Nalina Narula and Nathaniel Newman buy equipment with partnership funds. The deed lists only their individual names without mentioning the partnership. The court presumes the equipment is partnership property because partnership assets funded the purchase.
Common questions
Frequently Asked
3
When must a name appear on a signed legal document?+
A name must appear when a rule requires a signature or identification of parties. The signature or printed name authenticates the document and satisfies formal requirements for filing or validity.
Does unauthorized commercial use of a person's name create liability?+
Yes. One who appropriates another's name for personal benefit is subject to liability for invasion of privacy under the applicable restatement provision.
How does a name affect venue for an entity defendant?+
An entity with capacity to sue and be sued in its common name is deemed to reside, if a defendant, in any district where it is subject to personal jurisdiction.
5 U.S. (1 Cranch) 137 (1803)Property
…suit or action at law. The government of the United States is a government of laws and not of men; it will cease to deserve that appellation if the laws furnish no remedy for the violation of vested legal rights. The question is whether this case can be arranged with damnum absque injuria (a loss without an injury) or whether…