Also known as: plans · planned · planning · scheme · proposal
Written by attorneys · grounded in primary & secondary sources — see below
4 senses
A non-character purpose for which evidence of other crimes, wrongs, or acts may be admitted. The purpose shows that a person acted with a scheme or design in committing the charged conduct.
The formulation of a scheme to commit an offense. Aiding or agreeing to aid another person in planning the offense establishes accomplice liability when done with the purpose of promoting or facilitating the crime.
A formal compensation or retirement arrangement. A lawyer or law firm may include nonlawyer employees in such a plan even when the plan rests in whole or in part on profit-sharing.
A design or scheme for manufacturing a product or for land-use regulation. A manufacturer is liable for physical harm caused by failure to exercise reasonable care in adopting a safe design. A zoning change inconsistent with the comprehensive land-use document may be invalid as spot zoning.
Each sense below has its own examples, sources, and questions.
A non-character purpose for which evidence of other crimes, wrongs, or acts may be admitted. The purpose shows that a person acted with a scheme or design in committing the charged conduct.
Phoebe Park is charged with arson at a warehouse she insured. The prosecution offers evidence that two years earlier she set fire to a different insured building and collected the proceeds. The court admits the evidence to show that Phoebe acted with a plan to obtain insurance money rather than to prove she has a general character for arson.
Piper Patel and Prism Analytics are litigating a contract dispute. At the Rule 26(f) conference the parties discuss the scope of electronic discovery and the number of depositions. They submit a joint proposal that sets deadlines for initial disclosures, document production, and expert reports. The court adopts the proposal as the discovery plan governing the case.
The evidence must be offered for a non-character purpose such as showing that the defendant acted according to a scheme or design. The prior act must be sufficiently similar to the charged conduct to support an inference of a common plan. The court must also conduct a Rule 403 balancing test.
The plan must state the parties' views and proposals on the subjects on which discovery may be needed, the timing and sequence of discovery, issues relating to disclosure or discovery of electronically stored information, and any issues about claims of privilege.
The formulation of a scheme to commit an offense. Aiding or agreeing to aid another person in planning the offense establishes accomplice liability when done with the purpose of promoting or facilitating the crime.
Pablo Perez agrees to help his friend scout locations and draw maps for a planned bank robbery. Pablo supplies the maps and drives the friend to the sites. When the robbery occurs, Pablo is charged as an accomplice because his conduct aided the planning of the offense with the purpose of facilitating its commission.
A person becomes an accomplice by aiding, agreeing, or attempting to aid another in planning or committing the offense with the purpose of promoting or facilitating the crime. Scouting locations, drawing maps, or supplying information that advances the scheme meets this standard.
A formal compensation or retirement arrangement. A lawyer or law firm may include nonlawyer employees in such a plan even when the plan rests in whole or in part on profit-sharing.
Paragon Construction's in-house law department includes paralegals in its annual profit-sharing retirement plan. The firm distributes a portion of firm profits to the paralegals based on years of service. The arrangement complies with ethics rules because it is a compensation plan that may include nonlawyer employees even when profit-sharing is involved.
Yes. Model Rule 5.4(a)(3) expressly permits a lawyer or law firm to include nonlawyer employees in a compensation or retirement plan even when the plan is based in whole or in part on profit-sharing.
A design or scheme for manufacturing a product or for land-use regulation. A manufacturer is liable for physical harm caused by failure to exercise reasonable care in adopting a safe design. A zoning change inconsistent with the comprehensive land-use document may be invalid as spot zoning.
Precision Tools manufactures a power saw under a design that places the blade guard too close to the handle. The design makes the saw prone to kickback. When a user is injured, the manufacturer is liable because it failed to exercise reasonable care in adopting a safe plan or design for the product.
Pinnacle Holdings owns a single lot in a residential zone. It petitions for rezoning to commercial use. The change would allow a large retail store surrounded by single-family homes and would contradict the city's comprehensive plan that designates the area for residential development. The rezoning is invalid as spot zoning because it benefits one parcel without a legitimate public purpose.
A manufacturer is subject to liability when it adopts a plan or design that makes the chattel dangerous for its intended uses and fails to exercise reasonable care in choosing a safe design. Liability extends to those the manufacturer should expect to use the product or be endangered by its probable use.
A rezoning is invalid when it benefits a single parcel or small area in a manner inconsistent with the comprehensive plan or surrounding uses and cannot be justified by a legitimate public purpose. The change must bear a substantial relation to the public health, safety, morals, or general welfare.
…of HEW, Public Health Service) (New York City); Tietze, United States: Therapeutic Abortions, 1963-1968, 59 Studies in Family Planning 5, 7 (1970); Tietze, Mortality with Contraception and Induced Abortion, 45 Studies in Family Planning 6 (1969) (Japan, Czechoslovakia, Hungary); Tietze & Lehfeldt, Legal Abortion in Eastern…
…in Loving v. Virginia , 388 U. S. 1; Griswold v. Connecticut , 381 U. S. 479; Lawrence v. Texas , 539 U. S. 558; and Planned Parenthood of Southeastern Pa. v. Casey , 505 U. S. 833, support this conclusion. The second principle is that the right to marry is fundamental because it supports a two-person union…
…a particular parcel for different, less favorable treatment than the neighboring ones. See 2 A. Rathkopf, The Law of Zoning and Planning
…losses and expenses of the collective trust are shared by the constituent trusts in proportion to their contribution. By this plan
…Madison's version of the Fourth Amendment as introduced into the House: "The observation may be made that the language of the