Also known as:regards · consideration · forest regard
Written by attorneys · grounded in primary & secondary sources — see below
Attention, care, or consideration directed toward a matter or person.
Sources & Authorities· 36 primary sources
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Cases
Statutes
Federal Rules
How it applies
Common Examples
6
M'Naghten Acquittal Denied
Roland Rhodes shot a neighbor he believed was evil. At trial he testified that his religious beliefs made the act morally right. The jury found he retained the capacity to understand that society regards the shooting as wrong, so the M'Naghten defense failed and he was convicted.
Deed in Lieu Accepted
Ravi Reddy conveyed his mortgaged warehouse to Riverstone Manufacturing to satisfy the outstanding loan. Because the transfer was voluntary and the debt was discharged, the deed in lieu closed the transaction without foreclosure proceedings or any further regard to the original mortgage terms.
State of the Union Message
The President delivered the annual address to Congress outlining the condition of the nation and recommending new legislation. The message fulfilled the constitutional duty to give Congress information on the state of the Union from time to time without regard to partisan timing.
Robert Rivera offered Rosa Ruiz $75,000 to settle her personal-injury claim. At trial the court refused to admit the offer because Rule 408 bars evidence of furnishing valuable consideration in an attempt to compromise a disputed claim without regard to the offer's sincerity.
Judicial Appointment Contribution
Rowan Russell contributed to a judicial candidate's campaign shortly before his law firm sought appointment as special counsel. The contribution was made to obtain the engagement, violating the rule that prohibits such payments for the purpose of securing government legal work without regard to the candidate's merit.
Marital Property Agreement Signed
Renata Russo and her spouse executed a written marital property agreement allocating future earnings. Because the document was signed by both parties, the agreement became enforceable without any additional consideration or regard to common-law formalities.
Common questions
Frequently Asked
2
What does the phrase 'without regard to marital misconduct' require a court to ignore when awarding maintenance?+
The phrase directs the court to disregard any evidence of marital misconduct when setting the amount or duration of maintenance. The statute lists specific factors the court must consider and expressly excludes misconduct from that list.
How does the M'Naghten test use the word 'regards' to limit the insanity defense?+
The test requires proof that the defendant lacked capacity to know that society regards the conduct as wrong. A defendant who merely believes the act is morally right still fails the test if he retains that societal awareness.
5 U.S. (1 Cranch) 137 (1803)Property
…and both apply to a case, the court must decide which of the conflicting rules governs the case. If the courts are to regard the Constitution and it is superior to any ordinary act of the legislature the Constitution and not such ordinary act must govern cases to which both apply. To contend otherwise is to say…