Also known as: references
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Mention or citation of one document or source in another document or source.
The act of sending a case to a master or referee for decision.
Each sense below has its own examples, sources, and questions.
Mention or citation of one document or source in another document or source.
During a sentencing hearing, Judge Ramirez notes the defendant's age and disability when weighing rehabilitation prospects. Defense counsel objects that the remarks show bias. The court overrules the objection because the factors bear directly on the sentencing issue at hand.
Ricardo Rojas executes a will that directs the executor to distribute personal property according to a separate memorandum dated the same day. The memorandum exists at execution and is clearly identified in the will. The court treats the memorandum as part of the will for probate purposes.
The act of sending a case to a master or referee for decision.
A city enacts a rule barring signs criticizing foreign governments near embassies. Regina Robinson is cited for displaying such a sign. She challenges the rule as content-based. The court applies strict scrutiny because the prohibition singles out speech by reference to its message.
Roger Ramirez signs a letter expressing interest in leasing land from Riverfront Developments. After further talks the parties sign a second document that omits the land description. The two writings together satisfy the statute of frauds even though neither refers to the other.
Redline Automotive holds a mortgage on Ronald Reed's home. It sends Reed a notice of default and right to cure but begins foreclosure proceedings only twenty days later. Reed moves to dismiss the action because the required thirty-day period has not elapsed.
After appointment, the personal representative of Rachel Ramirez's estate prepares an inventory. For each asset the representative notes any mortgage or lien by reference to the recorded document. The inventory is filed within the statutory three-month window.
A judge may make legitimate reference to those factors when they are relevant to an issue in the proceeding. The reference must not manifest bias or prejudice. Relevance to the legal question presented supplies the necessary justification.
The writing must exist when the will is executed. The will must manifest an intent to incorporate the writing. The writing must be identified with reasonable certainty.
Yes. When two or more documents are signed by the party to be charged they may be read together. The question whether they constitute a sufficient memorandum is the same as if they had been incorporated in a single document.
A court may decide different issues under the local law of different states. The reference may be to the whole law of the selected state or only to its local law depending on the issue and the Restatement section that governs it.
…Amendment. The Constitution does not define "person" in so many words. Section 1 of the Fourteenth Amendment contains three references to "person." The first, in defining "citizens," speaks of "persons born or naturalized in the United States." The word also appears both in the Due Process Clause and in the Equal…