Written by attorneys · grounded in primary & secondary sources — see below
A pronoun referring to the identical person, thing, or matter previously mentioned or described.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
How it applies
Common Examples
6
Merger After Completed Offense
Skylar Sullivan and Steven Silva agreed to rob a bank and carried out the robbery. After conviction on the robbery charge, the prosecutor sought a separate conspiracy conviction based on the same agreement. The court refused the separate conviction because the completed offense absorbed the conspiracy.
Revenue Bill Origin
Sean Steele introduced a tax bill in the Senate. The House amended the bill and sent it to the President. The President signed the measure after the House had first passed its version, satisfying the constitutional sequence for revenue legislation.
Character Trait Evidence
Serena Soto offered evidence that the alleged victim had a violent character. The prosecutor responded by offering evidence of the defendant's same trait. The court admitted the rebuttal evidence under the rule permitting response to the victim's trait.
Double Jeopardy Bar
Scott Summers was acquitted of theft in federal court. State prosecutors later charged him with the same conduct under state law. The court dismissed the state prosecution because the second case rested on the identical acts already adjudicated.
Conflict Check for Lateral Hire
Simone Sanders joined a firm that had previously represented a client in a contract dispute. The firm now seeks to represent an adverse party in the same matter. The screening procedures failed to satisfy the rule because the matters were the same.
Contract Interpretation Together
Sterling Dynamics signed a purchase order and a separate warranty addendum on the same day for manufacturing equipment. A dispute arose over delivery dates. The court read both documents together to determine the parties' obligations under the single transaction.
Common questions
Frequently Asked
6
When does completion of the substantive offense prevent a separate conspiracy conviction under the common law rule?+
Completion of the substantive offense merges the conspiracy into the completed crime. The participants may be convicted of the substantive offense but not of a separate conspiracy based on the same agreement and completed offense.
Supporting sources
What sequence must revenue bills follow under Article I Section 7?+
Revenue bills must originate in the House of Representatives. The Senate may propose or concur with amendments, and the bill must then be presented to the President for approval or veto.
When may a prosecutor offer evidence of the defendant's character trait under Rule 404(a)(2)(B)(ii)?+
Once the defendant offers evidence of an alleged victim's pertinent trait, the prosecutor may offer evidence of the defendant's same trait to rebut it.
Supporting sources
Under Model Penal Code Section 1.10, when does a prior prosecution bar a subsequent one based on the same conduct?+
A prior acquittal or conviction bars a subsequent prosecution based on the same conduct unless the offenses each require proof of a fact not required by the other and are intended to prevent substantially different harms.
Supporting sources
When does Rule 1.10(b)(1) impute a former colleague's conflict to a lawyer?+
The conflict is imputed when the matter is the same or substantially related to the one in which the formerly associated lawyer represented the client and the lawyer acquired protected information material to the matter.
Supporting sources
How are multiple writings treated when they form part of one transaction under Restatement (Second) of Contracts Section 202(2)?+
A writing is interpreted as a whole, and all writings that are part of the same transaction are interpreted together to determine the parties' obligations.
Supporting sources
educational qualifications: Missouri ex rel. Gaines v. Canada , 305 U.S. 337; Sipuel v. Oklahoma , 332 U.S. 631; Sweatt v. Painter , 339 U.S. 629; McLaurin v. Oklahoma State Regents ,…
same
position here. Brief for Respondents 4-5. And two members of the Court add the contention that we lack the constitutional power to accord Bivens a remedy for damages in the absence of…
Secured TransactionsDefault (§ 9-601, et seq.) · Rights and remedies on default (§§ 9-601 through 9-606)UBEFoundational