Written by attorneys · grounded in primary & secondary sources — see below
A condition or state lasting only for a limited period. The quality attaches to structures, orders, appointments, duties, and jurisdiction when the limitation is express or inherent in the governing rule.
Sources & Authorities· 34 primary sources
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Cases
Statutes
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Uniform Acts
Model Codes
Common Law
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How it applies
Common Examples
6
Burglary Dwelling Status
Theo Thomas left his apartment for a two-week business trip but kept all personal belongings and intended to return. While he was gone, Tara Tran broke a window and entered to steal electronics. The structure remained a dwelling because a temporary absence does not change its character when the occupant uses it regularly for sleeping and plans to return.
Expiring Restraining Order
Torchlight Media obtained a temporary restraining order without notice against a competitor. The order stated the date and hour issued, described the irreparable harm to customer relationships, explained why notice was omitted, and was filed promptly. It expired fourteen days after entry because the court set no extension and the adverse party did not consent to a longer period.
Recess Appointment Invalidity
The President attempted to fill a vacant agency post with Trevor Tate during a period when the Senate held only pro forma sessions. Because the Senate never formally declared a recess, the appointment could not qualify as temporary under the Recess Appointments Clause and remained subject to Senate confirmation.
Suspended Contract Duty
Triumph Manufacturing could not deliver specialized parts to Topaz Mining for six weeks because a supplier's plant flooded. The temporary impracticability suspended Triumph's duty during the flood period. Once the plant reopened, the duty resumed because performance after the delay was not materially more burdensome than originally contemplated.
Emergency Custody Jurisdiction
Theresa Tucker brought her child to State A after the child's father threatened physical harm in State B. Because the child was present in State A and faced an immediate threat of mistreatment, the court exercised temporary emergency jurisdiction to issue a protective order even though no prior custody proceeding existed in State A.
Temporary Custody Award
Tabitha Taylor moved for temporary custody of her children during a pending dissolution action. She supported the motion with an affidavit detailing the children's current living arrangements. After a hearing, the court awarded temporary custody to Tabitha under the best-interests standards because no party objected to proceeding on the affidavits alone.
Common questions
Frequently Asked
6
Does a temporary absence from a structure destroy its status as a dwelling for burglary?+
No. A structure remains a dwelling when the occupant uses it regularly for sleeping and intends to return, even during a temporary absence. Only permanent departure without intent to return removes the dwelling character.
Supporting sources
How long does a temporary restraining order issued without notice last?+
The order expires at the time set by the court, not to exceed fourteen days after entry, unless the court extends it for good cause or the adverse party consents to a longer period. The reasons for any extension must appear in the record.
When may the President make a temporary recess appointment without Senate approval?+
The President may make such an appointment only during a Senate recess of sufficient duration. The Senate is in recess only when it formally declares itself in recess. Pro forma sessions without a formal declaration prevent recess appointments.
Supporting sources
What happens to a contractual duty when impracticability is only temporary?+
The duty is suspended while the impracticability exists. It resumes after the condition ends unless performance would then be materially more burdensome than originally anticipated.
Supporting sources
When does a court obtain temporary emergency jurisdiction in a child-custody matter?+
A court obtains temporary emergency jurisdiction when the child is present in the state and has been abandoned or faces an emergency threat of mistreatment or abuse to the child, sibling, or parent.
Supporting sources
How may a party obtain a temporary custody order during a custody proceeding?+
A party may move for a temporary custody order supported by an affidavit. The court may award temporary custody after a hearing or, if no objection, solely on the affidavits under the best-interests standards.
Supporting sources
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temporary
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temporary
impoundments, or "deferrals," would become effective unless disapproved by one House. This compromise provided the President with flexibility, while preserving ultimate congressional…
Business Associations Agency and PartnershipDissolution · Rightful versus wrongfulUBEIntermediate