Also known as: puts in · putting in
Written by attorneys · grounded in primary & secondary sources — see below
4 senses
A constitutional protection against successive prosecutions that arises once a person faces the risk of conviction and punishment for a particular offense. The Fifth Amendment prohibits placing any person twice in this position for the same offense.
A constitutional protection against successive prosecutions that arises once a person faces the risk of conviction and punishment for a particular offense. The Fifth Amendment prohibits placing any person twice in this position for the same offense.
Select any source to read its text and confirm it supports the definition.
A damages measure that restores a promisee to a specified hypothetical position. Courts use this restoration to protect the expectation interest by simulating full performance or the reliance interest by simulating no contract at all.
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An element of assault liability consisting of the victim's reasonable fear that harmful or offensive bodily contact is imminent. This state of mind supplies the apprehension required under Restatement (Second) of Torts § 21(1)(b).
Select any source to read its text and confirm it supports the definition.
A procedural posture in which a right, question, or fact is presented for formal judicial determination. Once an issue is placed in this posture and actually decided by a competent court, the determination may bind the parties or their privies in later litigation.
Select any source to read its text and confirm it supports the definition.
A damages measure that restores a promisee to a specified hypothetical position. Courts use this restoration to protect the expectation interest by simulating full performance or the reliance interest by simulating no contract at all.
An element of assault liability consisting of the victim's reasonable fear that harmful or offensive bodily contact is imminent. This state of mind supplies the apprehension required under Restatement (Second) of Torts § 21(1)(b).
A procedural posture in which a right, question, or fact is presented for formal judicial determination. Once an issue is placed in this posture and actually decided by a competent court, the determination may bind the parties or their privies in later litigation.
Each sense below has its own examples, sources, and questions.
Preston Pratt was acquitted in state court on drug-trafficking charges. Federal prosecutors later indicted him for the identical conduct. Because the first proceeding had already put Preston in jeopardy, the Double Jeopardy Clause barred the second prosecution.
Yes. Jeopardy attaches when the jury is empaneled and sworn. A mistrial caused by prosecutorial negligence does not constitute manifest necessity, so the defendant cannot be put in jeopardy a second time for the same offense.
Supporting sources
Pulse Media bought a printing press that never reached promised output levels. The company sued for the additional revenue it would have earned with a functioning press. The court measured damages by putting Pulse Media in the position it would have occupied had the press performed as warranted.
Patriot Insurance spent $900,000 on specialized software after Titan Motors signed a supply contract. Titan cancelled before any shipments. The court awarded reliance damages that put Patriot Insurance in the position it would have occupied had the contract never been made, after subtracting the loss Titan proved would have occurred anyway.
Expectation damages put the injured party in the position it would have occupied had the contract been performed. Reliance damages put the party in the position it would have occupied had the contract never been made. The plaintiff may elect reliance, but the breaching party can prove with reasonable certainty that the contract would have been a losing one and reduce recovery accordingly.
Supporting sources
Silas advanced on Francis while brandishing a sharpened hook and stopping the point inches from his abdomen. Francis jumped backward, believing contact was imminent. The rapid thrust put Francis in the apprehension required for an assault claim.
Paul Peterson saw Penelope Price raise a metal pipe and swing it toward his head while standing on a narrow catwalk. Paul believed he could avoid the blow only by immediate defensive action or flight. The swing put Paul in the apprehension necessary to support an assault claim even though no contact occurred.
The plaintiff must show that the defendant's act caused a reasonable belief that harmful or offensive contact with the plaintiff's own person was imminent unless avoided by self-defense, flight, or outside intervention. Words alone are usually insufficient. The conduct must create an immediate perception of contact.
Supporting sources
Pinnacle Holdings financed and directed every strategic decision in an earlier carrier suit challenging a port fee. When Pinnacle later sued on the same fee issue, the prior determination was conclusive because Pinnacle had put the validity of the fee schedule in issue and controlled its litigation.
Issue preclusion binds the nonparty when it assumed control over litigation in which it had a direct financial or proprietary interest and the issue was actually and necessarily decided by a court of competent jurisdiction. The determination then becomes conclusive in subsequent suits involving the same parties or their privies.
Supporting sources
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