Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A characteristic of persons, entities, property, or conduct not belonging to or controlled by the government.
A nontrespassory invasion of another's interest in the private use and enjoyment of land.
A characteristic of persons, entities, property, or conduct not belonging to or controlled by the government.
Select any source to read its text and confirm it supports the definition.
A nontrespassory invasion of another's interest in the private use and enjoyment of land.
Select any source to read its text and confirm it supports the definition.
A method of sale or disposition of collateral conducted without public auction or proceedings. Every aspect of the disposition must remain commercially reasonable.
Select any source to read its text and confirm it supports the definition.
A method of sale or disposition of collateral conducted without public auction or proceedings. Every aspect of the disposition must remain commercially reasonable.
Each sense below has its own examples, sources, and questions.
Parker Phillips owned a parcel of land that the city sought for a new highway. City officials began construction without filing any condemnation action or offering compensation. Phillips sued, asserting that the government's action violated protections for private property under the Fifth Amendment.
Pulse Media received a notice of deposition that described topics with reasonable particularity. The company designated its vice president of operations to testify on its behalf about information known or reasonably available to the organization.
Preston Pratt left government service with confidential information about a regulated company. He later sought to represent a private client whose interests were adverse to that company in a matter where the information could cause material disadvantage.
Portia Price wished to enroll her children in a private academy rather than the assigned public school. State officials threatened to withhold funding and impose penalties unless the children attended only public institutions.
No. The Fifth Amendment constrains government action. Its protections against uncompensated takings and deprivation of property without due process apply only when the actor is the government or is fairly attributable to the state.
Supporting sources
The corporation must designate one or more officers, directors, managing agents, or other consenting persons to testify on its behalf about information known or reasonably available to the organization after conferring in good faith about the matters for examination.
Supporting sources
No. The lawyer may not represent such a private client in a matter in which the information could be used to the material disadvantage of that person, unless law expressly permits otherwise.
Supporting sources
Penelope Price operated a commercial composting facility that emitted persistent odors onto Paul Peterson's adjacent residential property. Peterson sued, claiming the odors constituted a private nuisance that substantially interfered with his use and enjoyment of his land.
Private nuisance protects an individual's interest in the use and enjoyment of land and is actionable only by those holding property rights in the affected land. Public nuisance affects rights common to the general public and may be pursued by public officials or by private plaintiffs who suffer special injury.
Supporting sources
Pinnacle Holdings held a security interest in equipment owned by Paragon Construction. After default, Pinnacle sold the equipment through a private sale arranged with a single buyer after determining that the method, manner, time, and terms were commercially reasonable.
A secured party may dispose of collateral by private proceedings if every aspect of the disposition, including method, manner, time, place, and terms, is commercially reasonable. The rule expressly permits private sales when commercially reasonable.
Supporting sources
…to obtain a mandamus one must show the patent is recorded and clerks can be called to prove that fact. Similarly, if a private act of Congress had passed for one's benefit and a copy was needed in court, the clerks could prove the act is among the rolls. The court ordered the witnesses to be sworn and their…