Also known as: putatively · reputed · supposed
Written by attorneys · grounded in primary & secondary sources — see below
An adjective describing a person or thing that is commonly believed or supposed to exist or to have a particular status, even if that belief is mistaken or unproven.
Philip Powell collapsed in a public park and appeared delirious. A bystander locked nearby doors to prevent him from running into traffic. The bystander later faced a claim that he had invaded Philip's interests without consent, but the court treated the action as privileged because Philip was a putative patient in need of immediate protection.
Phuong Pham participated in a public ceremony with Preston Pratt and then cohabited with him for two years. When the prior marriage defect surfaced, Phuong claimed rights as a putative spouse. The court awarded maintenance because she had acted in good faith belief that the marriage was valid.
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Pamela Phillips faced an attacker and used a level of force she reasonably believed would not cause serious bodily harm. The court evaluated whether the means were privileged by examining what a reasonable person in her position would have realized about the likely consequences to the putative assailant.
Pavel Petrov filed suit on behalf of investors and sought interim counsel to represent the putative class before certification. The court granted the request under the rule allowing designation of counsel for a group whose status remained uncertain pending the certification decision.
Patrick Phan held a beneficial interest in a trust but received only publication notice of the accounting proceeding. The court held that publication alone was insufficient to bind the putative beneficiary because the method was not reasonably calculated to inform him of the action.
Phoenix Technologies owned a historic terminal and challenged restrictions that prevented redevelopment. The company argued that the rules effected a taking of its putative property rights by denying all economically viable use without just compensation.
A person who cohabits in good faith belief of marriage acquires the rights of a legal spouse, including maintenance, until actual knowledge of the defect ends the status. Rights are subject to equitable apportionment when a legal spouse or other putative spouses exist.
A court may designate interim counsel to represent a putative class before certification. This allows organized representation while the court determines whether the action qualifies for class treatment.
An unmarried biological father has a protected interest only if he manifests parental responsibility through actions such as registration in a putative father registry, financial support, or consistent involvement. Mere prenatal rides without formal steps are usually insufficient.
…to do his duty. If a mandamus can be awarded by this court in any case, it may issue to a Secretary of State. Many cases may be supposed in which a Secretary ought to be compelled to perform his duty specifically. Copies under the seal are made evidence and the law intended that every person needing a copy should be entitled…