Written by attorneys · grounded in primary & secondary sources — see below
To propose or name a person for election or appointment to an office or position.
Sources & Authorities· 35 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Congressional Power Exercise
Neville Norton, a member of Congress, introduces legislation to create a new federal agency. The bill includes a provision requiring the President to nominate the agency's first director from a list of qualified candidates submitted by the Senate.
Protective Action for Client
Noelle North, an attorney, determines that her elderly client lacks capacity to manage finances and faces exploitation. She nominates a trusted family member to serve as conservator and petitions the court for appointment to safeguard the client's assets.
Nadia Novak moves the court to appoint an expert in a complex products liability case. The judge orders the parties to submit nominations, reviews the candidates, and selects one who consents to serve and explain technical findings to the jury.
Shareholder Director Nominee
Nolan Nunez, a shareholder of Northern Manufacturing, submits a nomination for an independent director candidate under the corporation's proxy access bylaw. The company includes the nominee in its proxy statement for the annual election alongside the board's slate.
Psychiatric Examination Order
Norman Nash files notice of a mental disease defense in his criminal trial. The court nominates a qualified psychiatrist to examine Nash and report on his condition, authorizing commitment for up to sixty days if necessary.
Child Representation Appointment
Nina Nielsen and her ex-spouse dispute custody of their minor child. The court nominates an attorney to represent the child's interests in support and visitation matters and orders the parents to pay the attorney's fees.
Common questions
Frequently Asked
3
What does it mean to nominate someone in a legal context?+
To nominate means to propose or name a person for election or appointment to an office or position. This action initiates the formal selection process but does not itself confer the position.
How does nomination differ from appointment?+
Nomination is the proposal or naming step, while appointment is the subsequent act that confers the office or position, often requiring confirmation or acceptance.
Can a court nominate an expert witness?+
Yes. Under Federal Rule of Evidence 706(a), a court may ask parties to submit nominations for an expert and then appoint one who consents to serve.
5 U.S. (1 Cranch) 137 (1803)Property
…become a law. The courts of the United States are bound to take notice of the Constitution. A commission is not necessary to the appointment of an officer by the Executive. A commission is only evidence of an appointment. Delivery is not necessary to the validity of letters patent. The President cannot authorize a Secretary of…