Written by attorneys · grounded in primary & secondary sources — see below
A reply or reaction to a communication, inquiry, or event.
Sources & Authorities
How it applies
Common Examples
6
Land Possessor Duty Triggered
Roberto Reyes owns a public park and posts signs inviting visitors. Raphael Rivera enters the park after seeing the signs. When Rivera suffers a sudden injury, Reyes must provide first aid because Rivera entered in response to the invitation.
Miranda Silence Not Invocation
Roger Ramirez receives Miranda warnings during custody. He remains silent for several minutes but then answers one question about the incident. The court treats his later answer as an implied waiver because silence alone does not invoke the right to remain silent.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Rina Rahman, a member of Riverstone Manufacturing LLC, sends a written demand to the managers before filing a derivative action. The managers reply with a detailed letter rejecting the demand. The complaint must include the date and content of that response to satisfy pleading requirements.
Motion for Definite Statement
Ricardo Rojas files a vague complaint against Rising Sun Electronics. The company moves under Rule 12(e) before answering, pointing out the ambiguities that prevent preparing a response. The court orders a more definite statement within fourteen days.
Government Disclosure of Statement
Rita Russell, charged with a federal offense, requests discovery from the government. The prosecutor must turn over the substance of any oral statement she made to a known agent during interrogation if the government plans to use it at trial.
Shareholder Approval of Merger
Redline Automotive's board submits a merger plan to shareholders. The board recommends approval in the proxy materials. Shareholders then vote on the plan in response to that recommendation, satisfying the statutory approval step.
Common questions
Frequently Asked
5
Does remaining silent after Miranda warnings count as invoking the right to remain silent?+
No. Silence alone does not invoke the right. The suspect must clearly and unambiguously assert the right, and answering even one question can constitute an implied waiver.
What must a complaint in a derivative action include regarding a demand?+
The complaint must state with particularity the date and content of the plaintiff's demand and the response to the demand by the managers or other members.
When may a party move for a more definite statement under Rule 12(e)?+
A party may move before filing a responsive pleading when the pleading is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must point out the defects and the details desired.
What oral statements must the government disclose under Rule 16(a)(1)(A)?+
Upon request, the government must disclose the substance of any relevant oral statement made by the defendant before or after arrest in response to interrogation by a person the defendant knew was a government agent, if the government intends to use the statement at trial.
What recommendation must the board make when submitting a merger plan to shareholders?+
The board must recommend that shareholders approve the plan or tender shares in response to an offer, unless the board determines that it should not make a recommendation because of a conflict of interest or other special circumstances.
376 U.S. 254 (1964)Remedies
…therefore had not published the statements that respondent alleged had libeled him. The Times did not publish a retraction in response to the demand, but wrote respondent a letter stating, among other things, that "we . . . are somewhat puzzled as to how you think the statements in any way reflect on you," and "you might,…