Also known as: sets · setting · set aside · set-off · setoff
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A verb directing the scheduling of a legal proceeding on the court's calendar.
A verb directing the inclusion of specified terms in a document or decree.
Each sense below has its own examples, sources, and questions.
A verb directing the scheduling of a legal proceeding on the court's calendar.
Sean Steele filed a complaint containing multiple claims arising from separate contracts. Each claim was placed in its own numbered count limited to a single set of facts. The defendant answered by referring to the numbered paragraphs in the complaint.
A verb directing the inclusion of specified terms in a document or decree.
Sierra Santos and Sebastian Santos executed a separation agreement that directed its terms not be included in the dissolution decree. The court identified the agreement in the decree and stated it had reviewed the terms for conscionability. Sierra later sought enforcement of a maintenance provision through contempt proceedings.
Selena Singh executed a will that devised her estate to the trustee of a revocable trust she had created during her lifetime. The will identified the trust by name and date and incorporated its terms by reference. After Selena's death the trust received the assets and administered them according to its own provisions.
The verb directs the scheduling of a legal proceeding on the court's calendar. Once set, the parties receive notice of the date and must prepare accordingly. The scheduling order controls subsequent deadlines and may be modified only for good cause.
Skylar Sullivan applied for a variance to build a garage closer to the lot line than the zoning ordinance permitted. The zoning board reviewed the application under standards set by local ordinance and granted relief after finding unnecessary hardship. Skylar proceeded with construction under the approved variance.
Seth Shapiro negligently left a gate open, allowing a third party to enter and start a fire that damaged neighboring property. The court examined the degree of the third party's culpability in setting the intervening force in motion when determining whether the original negligence remained a substantial factor.
Sapphire Holdings conveyed lots in a new subdivision subject to a recorded declaration imposing use restrictions. The declaration satisfied the statute of frauds and created servitudes enforceable against subsequent purchasers. Sapphire later sought an injunction to enforce one of the restrictions.
The decree may incorporate the agreement's terms directly or may identify the agreement while stating the court found the terms not unconscionable. Terms set forth become enforceable as a judgment. Modification is limited unless the agreement provides otherwise.
A will may validly devise property to the trustee of a trust identified in the will whose terms appear in a separate written instrument. The trust may be revocable or amended after the will's execution. The devise does not fail merely because the trust was unfunded during the testator's life.
…in a majority of the States.[^maj-2] Texas first enacted a criminal abortion statute in 1854. Texas Laws 1854, c. 49, § 1, set forth in 3 H. Gammel, Laws of Texas 1502 (1898). This was soon modified into language that has remained substantially unchanged to the present time. See Texas Penal Code of 1857, c. 7,…