Also known as: puts · putting · put option · put contract
Written by attorneys · grounded in primary & secondary sources — see below
A verb indicating placement of a person or thing in a specified legal condition or state. The placement triggers or satisfies a doctrinal element such as jeopardy attachment, fear of injury, apprehension of contact, notice, or dispatch of an acceptance.
After a jury was empaneled and sworn in Paige Porter's trial for directing illegal dumping, the judge declared a mistrial due to the prosecutor's negligent nondisclosure. Oregon later sought to retry her on the same charge. The court held that jeopardy had attached when the jury was sworn, so the retrial would twice put Porter in jeopardy in violation of the Fifth Amendment.
Preston Pratt approached Phoebe Park on a dark street, brandished a knife, and demanded her purse. Park reasonably believed she faced immediate serious bodily injury and surrendered the purse. The threat put Park in fear, satisfying the robbery element under the Model Penal Code.
Select any source to read its text and confirm it supports the definition.
Paula Pierce swung her fist at Pamela Phillips intending only to scare her. The blow missed but grazed Phillips's shoulder, causing minor pain. Because the act put Phillips in apprehension of harmful contact and resulted in actual contact, Pierce is liable for battery even without intent to cause the resulting harm.
Prime Logistics possessed the original contract but ignored repeated discovery requests. At trial it offered secondary evidence of the document's contents. Because Prime had been put on notice that the original would be needed and failed to produce it, the court admitted the secondary evidence under Rule 1004(c).
Pinnacle Holdings mailed its acceptance of Premier Manufacturing's offer on the invited medium. The letter left Pinnacle's possession before any revocation reached it. The acceptance was operative when put out of the offeree's possession, forming the contract regardless of receipt.
Platinum Partners leased a retail space to Portia Price knowing the entrance ramp was dangerously steep. Price opened the store to the public before repairing the ramp. The landlord's failure to put the property in safe condition before public admission subjected it to liability for injuries to customers.
No. Jeopardy attaches when the jury is empaneled and sworn. A mistrial caused by prosecutorial negligence does not constitute manifest necessity, so retrial on the same offense is barred.
Supporting sources
It satisfies the threat element of robbery when the defendant purposely places the victim in fear of immediate serious bodily injury during the course of a theft.
Supporting sources
Yes. Liability arises if the actor intends to put the victim in apprehension of harmful or offensive contact and the act causes actual contact, even without intent to produce the specific harm.
Supporting sources
Secondary evidence is admissible when the opposing party had control of the original, was put on notice that the original would be needed at trial, and failed to produce it.
Supporting sources
An acceptance is operative as soon as it is put out of the offeree's possession if sent by a medium invited by the offer, without regard to receipt.
Supporting sources
A landlord is liable when it leases property for public admission, knows or should know of an unreasonable risk, expects the tenant to admit the public before the property is put in safe condition, and fails to remedy the condition.
Supporting sources
…an exception for any test of truthwhether administered by judges, juries, or administrative officialsand especially one that puts the burden of proving truth on the speaker. Cf. Speiser v. Randall, 357 U. S. 513, 525-526. The constitutional protection does not turn upon "the truth, popularity, or social utility of the…