Also known as: of another · belonging to another · property of another · another's property
Written by attorneys · grounded in primary & secondary sources — see below
A doctrinal element in common-law crimes and certain civil rules requiring that the person killed, the property taken or harmed, or the interest affected belong to someone other than the defendant or actor.
Opal Okoro shoots and kills her business partner during an argument over company funds. The prosecution must prove the victim was a person other than Opal herself. Because the victim was a separate individual, the 'of another' element is satisfied and the charge proceeds as murder.
The State of Alpha sues a citizen of State Beta in federal court. Article III extends judicial power to controversies between a State and Citizens of another State. Because the citizen is from a different state, the 'of another' element in the jurisdictional text is satisfied.
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Oliver Okeke learns his client plans to use firm documents to defraud investors of substantial sums. The rule permits disclosure to prevent injury to the financial interests or property of another. Because the intended victims are third parties, the 'of another' element triggers the exception allowing revelation.
Orla O'Malley, an employee of Oakridge Manufacturing, negotiates a sale with a customer after the company supplied her with title and business cards. The rule addresses power to affect the legal relations of another person. Because the customer reasonably believes Orla acts for the company, the 'of another' element supports apparent authority.
Odessa Okada strikes Olympus Banking's security guard during an altercation at a branch. The rule defines bodily harm as physical impairment of the condition of another's body. Because the guard is a person distinct from Odessa, the 'of another' element is satisfied and battery liability attaches.
Orbit Communications installs cables across land occupied by Orchard Farms under an express grant. The rule states that an easement creates a nonpossessory right to enter and use land in the possession of another. Because the burdened land belongs to Orchard Farms, the 'of another' element confirms the easement's validity.
No. Occupancy rather than ownership controls. An owner who is not in possession can still satisfy the 'of another' element when tenants use the structure as their dwelling.
The element fails. If the defendant already has possession, there is no trespassory taking from the possession of another, so larceny is not committed.
No. Consent is limited to the specific area granted. Entry onto a distinct area without permission remains an unprivileged intrusion on land in the possession of another.
…and effective waiver required for any other statement. In Escobedo itself, the defendant fully intended his accusation of another as the slayer to be exculpatory as to himself. The principles announced today deal with the protection which must be given to the privilege against self-incrimination when the individual…