Written by attorneys · grounded in primary & secondary sources — see below
Places a person or thing into a specified legal state or condition.
Sources & Authorities
How it applies
Common Examples
6
Military Service Exception
Patrick Phan faces charges for a capital crime while serving in the armed forces during wartime. The government attempts a second prosecution after acquittal. This puts Phan twice in jeopardy of life or limb in violation of the Fifth Amendment.
Robbery by Fear
Paige Porter approaches a victim on the street and threatens immediate serious bodily injury while taking the victim's wallet. The threat satisfies the element that the defendant purposely puts the victim in fear of immediate serious bodily injury.
Assault by Apprehension
Portia Price swings a fist toward Pablo Perez's face intending to cause harmful contact. Perez sees the swing and believes contact is imminent. The swing puts Perez in such imminent apprehension of harmful contact.
Put it into practice
Test Yourself
3
Practice Essays3
· 11 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Federal Rules
Uniform Acts
Model Codes
Restatements
Study Supplements
Notice for Original Document
Preston Pratt controls a key contract that Phoenix Technologies needs to prove its case. Phoenix Technologies serves pleadings putting Pratt on notice that the contract will be offered at trial. Pratt fails to produce the document at the hearing.
Mailbox Rule Acceptance
Peter Park mails an acceptance of an offer in the manner invited by the offer. The acceptance completes mutual assent as soon as it is put out of Park's possession even though it has not yet reached the offeror.
Landlord Public Premises Liability
Premier Manufacturing leases a retail space to Pulse Media knowing the entrance ramp has an unreasonable risk of harm to customers. Pulse Media admits the public before the ramp is put in safe condition. The landlord is subject to liability for resulting physical harm.
Common questions
Frequently Asked
4
What element does the verb 'puts' satisfy in the Model Penal Code robbery definition?+
The verb satisfies the element that the defendant purposely puts the victim in fear of immediate serious bodily injury during the course of a theft.
How does 'put in such imminent apprehension' function in the Restatement definition of assault?+
It completes the assault when the actor's intentional act causes the other person to experience the required apprehension of harmful or offensive contact.
When does the verb 'put on notice' allow secondary evidence under Federal Rule of Evidence 1004(c)?+
It allows secondary evidence when the opposing party had control of the original, received notice that the original would be offered at trial, and fails to produce it.
What timing rule does the verb 'put out of the offeree's possession' establish for contract acceptances?+
The acceptance becomes operative and completes mutual assent as soon as it is put out of the offeree's possession when sent in a manner invited by the offer.
Civil ProcedureVerdicts and judgments · Effect; claim and issue preclusionUBEFoundational