Also known as: prohibits · prohibited · prohibiting · prohibition · prohibitions · ban · forbid
Written by attorneys · grounded in primary & secondary sources — see below
To forbid or bar specified conduct or the exercise of authority by legal directive. The directive may appear in a constitution, statute, rule, or judicial order and carries the force of law to prevent the prohibited action.
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Pacific Bank foreclosed on Pearl Porter's mortgaged property after default. The sale price fell short of the debt. State law prohibited the bank from obtaining a deficiency judgment against Porter, so the bank absorbed the shortfall without further recovery.
A city ordinance required Paula Pierce to close her religious bookstore on Sundays. Pierce challenged the rule as prohibiting the free exercise of religion. The court held the ordinance invalid because it directly barred her religious practice without a compelling justification.
Judge Philip Powell accepted a paid consulting role with a local charity. The judicial conduct code prohibited such compensated activity because it risked frequent disqualification. Powell resigned the role to avoid violating the rule.
Phoenix Technologies hired a lawyer who had previously represented an adverse party at another firm. The new firm screened the lawyer and gave notice. The rule allowed representation because the prior association had ended and no material information remained with the firm.
During jury selection the prosecutor struck all Black venire members. The defendant made a prima facie showing of racial motivation. The Equal Protection Clause prohibited the strikes, requiring the prosecutor to offer race-neutral explanations or face reversal.
Priya Prasad signed a consent to adoption before her child was born. The statute prohibited irrevocable pre-birth consent by the mother. The court refused to enforce the consent, requiring a new written consent after birth.
State law governs whether a mortgagee may obtain a deficiency judgment after a foreclosure sale that fails to cover the debt. If the statute prohibits or limits such judgments, the mortgagee cannot recover the shortfall from the mortgagor. The rule is applied after determining the sale price and comparing it to the debt.
The amendment forbids Congress from making any law that establishes religion or prohibits its free exercise. Courts apply this prohibition to invalidate statutes that directly burden religious practice without sufficient justification. The clause protects both establishment and free-exercise interests.
…judicial or ministerial; from this principle the Court of King's Bench derives the power of issuing writs of mandamus and prohibition. If the Court of King's Bench has the power because it is the supreme court of judicature, shall this court be denied that power? The second section of the third article of the…
…upon abortions after the initial period. "This Act does not contain any provision relating to medical review committees or prohibitions against sanctions imposed upon medical personnel refusing to participate in abortions because of religious or other similar reasons, or the like. Such provisions, while related, do not…
…is inconsistent with the First and Fourteenth Amendments. The constitutional guarantees require, we think, a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with "actual malice"that is, with…
…ban at issue in Loving define marriage as “the union of a man and a woman of the same race.” See Tragen, Comment, Statutory Prohibitions
…of Litigation 84-85 (1956). [^maj-11]: (Harlan n. 5) In dissent my Brother BLACK again argues that, apart from the specific prohibitions of the first eight amendments, any procedure spelled out by a legislatureno matter how unfairpasses constitutional muster under the Due Process Clause. He bottoms his conclusion on…
The rule prohibits judges from engaging in extrajudicial activities that interfere with judicial duties or lead to frequent disqualification. It also bars practicing law except in limited family matters without compensation. Judges must avoid any activity the code expressly forbids.
The firm is not prohibited from representing a person adverse to a former client's interests if the departing lawyer no longer works there. Representation remains barred only if the matter is substantially related and remaining lawyers possess material confidential information. Screening and notice may allow the representation to proceed.
The clause prohibits using peremptory challenges to exclude jurors on the basis of race. A prima facie showing shifts the burden to the striking party to provide a race-neutral explanation. The court then decides whether purposeful discrimination has occurred.
Statutes require consent to be given at or after a prescribed time to protect the mother's decision-making autonomy. Irrevocable pre-birth consent is barred so the mother may reconsider after birth. Written and notarized consent after the statutory period ensures validity.