Also known as: sits · sitting · sat · court sitting
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An action by which a judge occupies a judicial seat or a court holds proceedings.
The location of a tribunal that determines which jurisdiction's rules govern lawyer conduct or choice-of-law analysis in a pending matter.
Each sense below has its own examples, sources, and questions.
An action by which a judge occupies a judicial seat or a court holds proceedings.
Select any source to read its text and confirm it supports the definition.
The location of a tribunal that determines which jurisdiction's rules govern lawyer conduct or choice-of-law analysis in a pending matter.
Select any source to read its text and confirm it supports the definition.
Serena Soto files a diversity action in federal district court in State C. The judge sitting on the case applies the state service rule because the federal rule is outcome-determinative and therefore must yield under the Erie analysis.
Sophia Singh challenges a state marriage ban in federal court. The court sitting on the case recognizes a fundamental right to marry and strikes down the statute under the Due Process Clause.
Samantha Stone is questioned at a police station without warnings. The judge sitting on the resulting suppression motion excludes the statements because the interrogation occurred in a coercive setting that required Miranda protections.
Sabrina Shah challenges a state contraceptive ban. The court sitting on the case finds an implied right of privacy within the Bill of Rights that invalidates the statute as applied to married couples.
Yes. The Constitution uses sit to describe when the Senate is sitting for an impeachment trial and when judges or legislators occupy their official seats during proceedings.
Supporting sources
Stella Shapiro represents a client in a federal administrative hearing located in State X. When a disciplinary question arises about her ex parte contacts, the agency applies the ethics rules of State X because that is the jurisdiction in which the tribunal sits.
Scott Summers sues in State A over title to land located in State B. The State A court, sitting to decide the immovable property dispute, applies the full law of State B, including State B's choice-of-law rules, to reach the same result a State B court would reach.
When a tribunal sits in a particular jurisdiction, the professional conduct rules of that jurisdiction apply to a lawyer's conduct in a pending matter. This anchors disciplinary authority to the location of the proceeding rather than the lawyer's home state.
Supporting sources
A court sitting in one state deciding a dispute over land in another state must apply the full law of the situs state, including its choice-of-law rules, to replicate the result the situs court would reach.
Supporting sources
…realizes its dilemma of foreclosing questioning without the necessary warnings but at the same time permitting the accused, sitting in the same chair in front of the same policemen, to waive his right to consult an attorney. It expects, however, that the accused will not often waive the right; and if it is claimed that…