Also known as: repugnancy · repugnance · inconsistency
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A provision or instrument that is inconsistent or irreconcilable with another legal document or constitutional command. Courts and statutes treat such repugnancy as rendering the conflicting portion inoperative.
A provision or instrument that is inconsistent or irreconcilable with another legal document or constitutional command. Courts and statutes treat such repugnancy as rendering the conflicting portion inoperative.
Raphael Rivera executed a will leaving his estate to his children. Two years later he signed a new will that disposed of the entire estate to a charity without mentioning the first instrument. Because the second will made a complete disposition, it revoked the earlier will by inconsistency. The probate court therefore admitted only the later will to probate.
Morally or ethically objectionable to a lawyer in the context of client representation. A lawyer may withdraw when a client insists on action the lawyer finds repugnant.
Ronald Reed retained counsel to defend a contract claim but then insisted the lawyer file a pleading containing known falsehoods. The lawyer viewed the demand as repugnant and moved to withdraw under the rule permitting termination when a client insists on repugnant action. The court granted withdrawal after confirming the lawyer had taken reasonable steps to avoid prejudice to Reed.
Morally or ethically objectionable to a lawyer in the context of client representation. A lawyer may withdraw when a client insists on action the lawyer finds repugnant.
Each sense below has its own examples, sources, and questions.
Riley Rivera executed a will leaving her house to her niece. She later executed a new will that gave the same house to her brother and made no reference to the niece. Because the second will made a complete disposition of the estate, the probate court held it revoked the first will by inconsistency and admitted only the later instrument.
Rajesh Rao, cashier of a federally chartered bank, refused to pay a state stamp tax on bank notes. The state argued its tax law controlled. The Supreme Court held the state statute repugnant to the federal charter creating the bank and therefore void under the Supremacy Clause.
Ruby Rivera sought a writ of mandamus from the Supreme Court to compel delivery of her judicial commission. Congress had purported to grant the Court original jurisdiction over such claims. The Court held the statute repugnant to Article III and therefore without effect.
Under UPC § 2-507(b), a subsequent will that does not expressly revoke an earlier will revokes it by inconsistency when the testator intended the later will to replace rather than supplement the first. The later will controls if it makes a complete disposition of the estate.
A statute is repugnant to the Constitution when it conflicts with a constitutional command. Courts treat the repugnant statute as void and without legal effect, as established in foundational cases interpreting the Supremacy Clause.
Ryan Roberts was assigned counsel for a high-profile criminal appeal. The client demanded that counsel argue a theory the lawyer considered morally repugnant and likely to damage the attorney-client relationship. Counsel moved to decline the appointment, and the court relieved him after finding the cause repugnant within the meaning of the rule.
A lawyer may withdraw under Rule 1.16(b)(4) when the client insists upon taking action the lawyer considers repugnant or with which the lawyer has a fundamental disagreement. The lawyer must still take reasonable steps to protect the client's interests.
Yes. Rule 6.2(c) permits a lawyer to decline a court appointment when the client or cause is so repugnant that it is likely to impair the lawyer-client relationship or the lawyer's ability to represent the client effectively.
…to give original jurisdiction to the Supreme Court in other cases than those described in the Constitution. An act of Congress repugnant to the Constitution cannot become a law. The courts of the United States are bound to take notice of the Constitution. A commission is not necessary to the appointment of an officer by the…