Written by attorneys · grounded in primary & secondary sources — see below
A legal consequence or outcome that follows directly from a specified act, omission, or event.
Sources & Authorities
How it applies
Common Examples
6
Criminal Negligence Leads to Death
Rosa Ruiz left her toddler unsupervised near an open second-story window while she answered a phone call. The child fell and died. Because Rosa's conduct deviated substantially from reasonable care, the resulting killing constituted involuntary manslaughter.
TRO Issued Without Notice
Renee Rogers filed an affidavit showing that her former business partner was about to liquidate joint assets and flee the jurisdiction. The court issued a temporary restraining order without notice because the facts clearly established that immediate and irreparable injury would result to Renee before the partner could be heard.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Ronald Reed offered to pay Riley Rivera's hospital bills after a car accident. At trial Rivera sought to introduce the offer to prove Reed's liability. The court excluded the evidence because offers to pay medical expenses resulting from an injury are inadmissible to prove liability.
Purposeful Conduct Element
Ralph Richardson pointed a gun at a rival and pulled the trigger intending to cause death. Because his conscious object was to cause that result, the purposeful mental state attached to the homicide element.
Ex Parte Scheduling Communication
Rajesh Rao's lawyer called the judge's chambers to reschedule a hearing. The judge reasonably believed no party would gain a procedural or tactical advantage as a result of the brief ex parte contact and therefore permitted the communication.
Disclosure to Prevent Client Fraud
Riverfront Developments used its lawyer's drafted contract representations to conceal that it intended to substitute inferior materials. The lawyer reasonably believed the client would cause substantial financial injury to the buyer and therefore disclosed the information to prevent the fraud that would result from continued use of the lawyer's services.
Common questions
Frequently Asked
3
How does the standard of criminal negligence differ from ordinary civil negligence when a resulting death occurs?+
Criminal negligence requires a substantially greater deviation from reasonable conduct than the negligence sufficient for civil liability. When that higher threshold is met and death results, the killing is involuntary manslaughter rather than a civil tort alone.
What must be shown before a court issues a TRO without notice under Rule 65(b)(1)(A)?+
Specific facts in an affidavit or verified complaint must clearly demonstrate that immediate and irreparable injury will result to the movant before the adverse party can be heard. The rule also requires a certification about notice efforts under subsection (B).
Why is evidence of payment of medical expenses resulting from an injury inadmissible?+
Rule 409 excludes such evidence when offered to prove liability. The policy encourages prompt payment of medical bills without fear that the payment will later be used against the payor.
438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)Property
…and permitted claimants to use the felled trees, it did not provide compensation for the value of the standing trees or for the resulting decrease in market value of the properties as a whole. A unanimous Court held that this latter omission did not render the statute invalid. The Court held that the State might properly make…