Also known as: pursuant · under · in accordance with
Written by attorneys · grounded in primary & secondary sources — see below
A phrase indicating that an action or document is taken or issued in compliance with or as authorized by a specified authority or rule.
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Perry Pratt contracted to buy land from Paragon Construction. At closing the seller tendered a deed subject to an unreleased lien. Pratt refused performance because the title failed to satisfy the contract requirement of marketability. The court held that the buyer could rescind because the tendered title was unmarketable pursuant to the contract.
After the popular vote, each state appointed electors pursuant to its own legislative direction. The electors met and cast ballots for President. The House then chose the winner when no candidate secured a majority of electoral votes.
Priya Prasad sued a corporation and sent a notice requesting waiver of service. The defendant complied and returned the waiver form. Because the defendant avoided the expense of formal service pursuant to the rule, the plaintiff did not incur those costs.
Phuong Pham was charged with assault. The prosecution offered testimony that the defendant had a violent character to prove he acted violently on the charged occasion. The court excluded the evidence pursuant to the rule against using character to prove conduct.
Portia Price's former firm represented an adverse party in a related matter. Price consented to the firm's continued representation after full disclosure. The court allowed the representation to proceed pursuant to the client's informed waiver of the imputed conflict.
Penelope Price conveyed property to her son for life with no further disposition stated. The court construed the grant as creating a life estate pursuant to the rule that an estate limited to the life of a human being is a life estate even if not described with the precise words required for a fee.
It signals that the referenced action or document is taken in compliance with or as authorized by the named authority or rule.
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The two are often interchangeable, but 'pursuant to' emphasizes compliance with or authorization by the cited source.
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Yes. Parties commonly state that a motion or notice is filed pursuant to a specific rule number.
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Yes. It can indicate that an act is performed in carrying out assigned responsibilities.
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…questions but not to the general competency to be sworn as witnesses. Mr. Lee illustrated that if one claimed title to land under a patent from the United States and the Secretary refused a copy, a mandamus could compel production; to obtain a mandamus one must show the patent is recorded and clerks can be called to…