Also known as: points
Written by attorneys · grounded in primary & secondary sources — see below
A pertinent and distinct legal proposition, issue, or argument.
Select any source to read its text and confirm it supports the definition.
Paula Pierce files a diversity action in federal court. No federal statute or rule directly addresses the disputed procedural issue. The court weighs state and federal interests to decide whether to apply state law.
Patrick Phan offers a hearsay statement at trial. The proponent shows the statement is more probative on the point for which it is offered than other reasonably obtainable evidence. The court admits the statement under the residual exception.
Peter Park disputes title to land located in State X. The forum court applies the law of the situs, including its choice-of-law rules, to reach the same result a local court would reach on the point.
Paul Peterson faces an attacker and uses force. The court determines the point whether the intended harm qualifies as serious bodily harm by examining the gravity of the likely consequences rather than the actual outcome.
Pierce Patterson buys property subject to a recorded covenant to pay maintenance fees. The creating instrument specifies no total sum or termination point. The covenant ends after a reasonable time.
Perry Pratt litigates in diversity. A Federal Rule of Civil Procedure squarely governs the issue. The court applies the federal rule even though it differs from state practice.
A rule is on point when it directly addresses the disputed issue. When no federal rule or statute is on point, courts apply a balance-of-interests test to decide whether state or federal practice governs.
Supporting sources
…and the present motion is for a mandamus. The delicacy of the case, the novelty of some circumstances, and the difficulty of the points require a complete exposition of the principles on which the opinion is founded. The court considered three questions: (1) Has the applicant a right to the commission he demands? (2) If he…