Also known as: procure · procures · procured · procuring · procurements · procurer · procurers · acquisition · sourcing · obtaining
Written by attorneys · grounded in primary & secondary sources — see below
The act of obtaining or securing something through effort or specified means.
After grabbing the victim's wallet, Pedro Pacheco brandished a knife when the victim tried to chase him down the street. The immediate use of the threat allowed Pedro to keep the wallet without pursuit, satisfying the requirement that force or threats be employed to retain possession right after the taking.
Pavel Petrov, charged with felony theft, requested an attorney during his initial appearance. The court appointed counsel, ensuring Pavel received the assistance guaranteed in all criminal prosecutions under the Sixth Amendment.
Paula Pierce offered a transcript of a prior deposition after the declarant fled the country. Because Paula had not caused the declarant's absence, the court applied the hearsay exception despite the proponent's inability to procure attendance.
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Parker Phillips, representing a client in litigation, directed an investigator to access a third party's private email account without authorization. The court sanctioned the conduct because the method of obtaining evidence violated the third party's legal rights.
Phoenix Technologies threatened to file a baseless criminal complaint against Portia Price unless she signed a release of claims. The threat of a crime to obtain the release rendered the agreement unenforceable.
Pamela Phillips substituted a new will for her ailing uncle after isolating him from family and misrepresenting their intentions. The court invalidated the bequest because the transfer had been procured by undue influence.
A party cannot invoke the former-testimony hearsay exception if that party procured or wrongfully caused the declarant's unavailability to prevent testimony. The rule protects the integrity of the exception by excluding statements when the proponent is responsible for the absence.
Consent obtained through fraud or threats is treated as invalid, converting what would otherwise be a lawful entry or taking into a trespassory act that can support liability for crimes such as burglary or larceny by trick.
A threat is improper when it involves a crime or tort or would itself be a crime or tort if it resulted in obtaining property. Such threats render the resulting agreement unenforceable because they overcome the victim's free will.
A transfer is invalid to the extent it was procured by undue influence, duress, or fraud. The wrongdoer must have exerted influence that overcame the donor's free will and caused a transfer the donor would not otherwise have made.
…to constitute an appointment to an office not held at the will of the President. The applicants had been much embarrassed in obtaining evidence. Reasonable information had been denied at the Department of State. Although a respectful memorial had been made to the Senate praying that their Secretary be permitted to give…