Also known as: non definitur in jure quid sit conatus · conatus · attempt · definition of attempt
Written by attorneys · grounded in primary & secondary sources — see below
A Latin maxim stating that the law supplies no fixed definition of what amounts to an attempt. Courts therefore determine attempt on a case-by-case basis by examining how close the actor came to completing the intended act.
Nalini Narula and Neville Norton agree to rob a bank and later carry out the robbery. After they are convicted of the completed robbery, the prosecution cannot also convict them of conspiracy because the inchoate offense merges into the felony.
Nicholas Nunez, a partner at Norton Bank, drafts a false affidavit for a client knowing it will mislead the court. Even though the affidavit is never filed, the disciplinary board may discipline Nunez for attempting to violate the rules of professional conduct.
Select any source to read its text and confirm it supports the definition.
Nimbus Cloud swings a bat at Nathaniel Newman from behind while Newman faces the other direction. Because Newman never becomes aware of the swing before it stops, Nimbus Cloud is not liable for assault.
Nina Nielsen executes a new will that revokes her prior will in order to leave everything to a charity that later refuses the gift. Because the revocation was tied to an objective that failed, the prior will remains in effect.
Three of five co-owners of Northstar Logistics sign an agreement granting a right of way across the property. The agreement creates no servitude because not all owners joined, but the three signers remain bound by their promises.
Nikhil Narayan carries a loaded pistol while trying to enter Nordic Ventures after hours. Because he is armed with a deadly weapon during the attempt to commit burglary, the offense is a felony of the second degree.
No. Courts still impose attempt liability once conduct crosses from preparation into an overt act that comes dangerously close to completion, even though no single statutory definition exists.
The maxim does not bar discipline. A lawyer may be sanctioned for attempting to violate the rules even if the attempt is unsuccessful, because the rule expressly reaches attempts.
No. Liability for assault still arises if the victim becomes aware of the attempt before it ends, even though the maxim acknowledges that attempt itself lacks a fixed definition.
…(Roe) for a declaratory judgment and injunctive relief against the Texas abortion laws, which make it a crime to procure or attempt an abortion except on medical advice for the purpose of saving the mother's life. A licensed physician (Hallford), who had been performing abortions, and a married couple (the Does), who…