Written by attorneys · grounded in primary & secondary sources — see below
An adverb indicating that a legal proposition applies in a simple, absolute, or unconditional manner.
Sources & Authorities· 11 primary sources
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Cases
Uniform Acts
How it applies
Common Examples
6
Expert Testimony Exclusion
Sylvia Santos offered an expert who linked chemical exposure to illness based on animal studies alone. The district court found too great an analytical gap between the data and the opinion. On appeal the circuit affirmed the exclusion simpliciter under the abuse of discretion standard.
Lawyer Advertising Claim
Stephen Shaw listed his CPA and CFP credentials in a firm brochure. The state bar sought discipline on the ground that the designations were inherently misleading. The court rejected the discipline simpliciter because the statements were truthful and verifiable.
Sarah Sullivan challenged an agency rule that added procedures beyond those in the governing statute. The court held that the agency could not impose the extra steps simpliciter because the statute already set the required process.
Vermont Yankee Nuclear Power Corp. v. Nat. Res. Def. Council, Inc.467 U.S. 837, 843, 104 S. Ct. 2778, 2781, 81 L. Ed. 2d 694 (1984)
Personal Jurisdiction Finding
Stonehaven Properties argued that its single sale into the forum created jurisdiction. The court rejected that claim simpliciter because one contact did not satisfy the minimum contacts test.
International Shoe Co. v. Washington326 U.S. 310, 316 (1945)
Daubert Reliability Gate
Simone Sanders proffered expert testimony resting on unpublished, non-peer-reviewed data. The trial court excluded the testimony simpliciter after finding the methodology unreliable under the gatekeeping standard.
Daubert v. Merrell Dow Pharmaceuticals, Inc.509 U.S. 579, 592 (1993)
Proof Beyond Reasonable Doubt
The prosecution relied on circumstantial evidence alone to prove the element of intent. The court instructed the jury that the element must be proved simpliciter beyond a reasonable doubt and not by a lesser standard.
In re Winship397 U.S. 358, 364, 90 S.Ct. 1068, 1073, 25 L.Ed.2d 368 (1970)
Common questions
Frequently Asked
2
When is the adverb simpliciter used in a judicial opinion?+
It signals that a proposition is being applied in an absolute or unqualified way without additional conditions or qualifications.
Does simpliciter ever carry a different meaning in older case law?+
No. The term consistently denotes a simple or absolute application of a legal rule.
410 U.S. 113 (1973)Constitutional Law
…usual rule in federal cases is that an actual controversy must exist at stages of appellate or certiorari review, and not simply at the date the action is initiated. United States v. Munsingwear, Inc. , 340 U. S. 36 (1950); Golden v. Zwickler, supra ; SEC v. Medical Committee for Human Rights , 404 U. S. 403…