Also known as:protects · protected · protecting · protection · protections · protector · protectors · safeguard · legal protection
Written by attorneys · grounded in primary & secondary sources — see below
To take measures to shield a legally recognized interest or person from harm, loss, or adverse legal consequences. The term encompasses both affirmative steps to preserve rights and the legal recognition that certain interests merit safeguards against invasion or impairment.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
How it applies
Common Examples
6
Recording Act Shields Buyer
Pablo Perez buys land from a seller who had previously granted an unrecorded easement to a neighbor. Pablo pays value, lacks actual notice of the easement, and records his deed first. The recording act shields Pablo from the neighbor's claim, giving him clear title because the statute protects subsequent purchasers without notice who record their interest.
Due Process Guards Liberty
Pierce Patterson, a state employee, faces termination without any opportunity to respond to charges of misconduct. The Fourteenth Amendment protects Pierce by requiring the state to provide notice and a hearing before depriving him of his property interest in continued employment.
Joinder Protects Absent Party
Phoebe Park holds a recorded easement over land that is the subject of a quiet-title suit between two other parties. Because disposing of the action without Phoebe would impair her ability to protect the easement, the court must join her as a required party under Rule 19.
Privilege Holder Prevents Waiver
Paula Pierce's lawyer inadvertently produces a privileged email during discovery. Because Paula took reasonable steps to prevent the disclosure and promptly sought its return, Rule 502 protects the privilege and prevents waiver in the federal proceeding.
Firm Screens Protected Information
Pedro Pacheco leaves a firm that represented a client in a matter substantially related to a new client's adverse interests. The firm protects the former client's confidential information by screening the remaining lawyers who possess material knowledge, allowing the firm to represent the new client.
Tort Protects Recognized Interest
Portia Price's negligent driving causes a collision that damages Precision Tools' delivery truck. The law holds Portia responsible because her conduct invaded a legally protected interest in the truck's physical condition, making her liable for the resulting harm.
Common questions
Frequently Asked
6
How do recording acts protect subsequent purchasers?+
Recording acts protect subsequent purchasers who take without notice of unrecorded interests and who record their own interest. A purchaser is charged with constructive notice only of instruments in the chain of title. This system governs priority among competing conveyances and mortgages.
What interests does the Fourteenth Amendment protect?+
The Fourteenth Amendment protects citizens from state laws that abridge privileges or immunities, deprive persons of life, liberty, or property without due process, or deny equal protection of the laws.
When must a court protect an absent person's interest under Rule 19?
+
A court must protect an absent person's interest when disposing of the action without that person would as a practical matter impair or impede the person's ability to protect the interest.
How does Rule 502 protect against waiver of privilege after inadvertent disclosure?+
Rule 502 protects the privilege when the disclosure is inadvertent, the holder took reasonable steps to prevent disclosure, and the holder promptly took reasonable steps to rectify the error.
What information remains protected after a lawyer leaves a firm under Rule 1.10?+
Information protected by Rules 1.6 and 1.9(c) that is material to the matter remains protected, and the firm may not represent adverse parties unless the conditions for screening are met.
What does the Restatement mean by a legally protected interest in tort?+
A legally protected interest is one whose invasion by tortious conduct makes the actor responsible for resulting harm unless a defense applies.
go further, and often have nothing to do with privacy at all. Other provisions of the Constitution
protect
personal privacy from other forms of governmental invasion. But the
protection
of…
of the laws under the Fourteenth Amendment. In each of the cases other than the Delaware case, a three-judge federal district court denied relief to the plaintiffs on the so-called…
by the Fourteenth Amendment. This is defined by our holding that "The fundamental requisite of due process of law is the opportunity to be heard." Grannis v. Ordean , 234 U. S. 385, 394.…
of communications between high Government officials and advisers to ensure candid advice, and (2) the doctrine of separation of powers which, he argues, insulates the President from a…
TortsNegligence · Liability for acts of othersUBEFoundational