Written by attorneys · grounded in primary & secondary sources — see below
A verb denoting a disposition or tendency toward a particular result or state. The term indicates that something serves or contributes in some degree to an outcome without requiring certainty or exclusivity.
Sources & Authorities
How it applies
Common Examples
6
Prosecutor Discloses Exculpatory Statement
Tabitha Taylor, the prosecutor, learns that a witness saw someone else commit the robbery charged against Tyrone Tran. She immediately turns the statement over to defense counsel because it tends to negate Tran's guilt. The disclosure satisfies her obligation and prevents later claims of withheld evidence at trial.
Newspaper Article Injures Reputation
Travis Tate publishes an article accusing Tonya Takahashi of taking bribes. The statements tend to injure Takahashi's reputation in her profession. The court treats the article as libelous per se without requiring proof of special damages.
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Model Codes
Common Law
Restatements
Dictionaries
New York Times v. Sullivan376 U.S. 254 (1964)
Suppression Deters Future Violations
Tyler Taylor moves to suppress evidence seized during an unlawful search of his apartment. The court finds that exclusion will tend to prevent similar violations by federal agents in the future. It grants the motion after weighing the listed factors.
Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971)
Parallel Conduct Suggests Agreement
Threshold Capital and TechVista Solutions both raise prices on the same day after years of independent competition. The parallel pricing tends to show an unlawful agreement rather than independent action. The complaint survives dismissal because the facts support an inference of conspiracy.
Bell Atlantic Corp. v. Twombly550 U.S. 544, 556, 127 S.Ct. 1955, 167 L. Ed. 2d 929 (2007)
Zoning Ordinance Restricts Land Use
Tidal Energy buys land zoned for single-family homes. The village ordinance tends to prevent commercial development of the parcel. The company challenges the restriction as an unconstitutional taking of property.
Village of Euclid Ohio v. Ambler Realty Co.272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)
Expert Testimony Meets Reliability Test
Torchlight Media offers an expert who links a chemical exposure to birth defects. The methodology tends to produce reliable results under the governing standard. The court admits the testimony after finding it rests on sufficient scientific validation.
Daubert v. Merrell Dow Pharmaceuticals, Inc.509 U.S. 579, 592 (1993)
Common questions
Frequently Asked
6
How does the verb tend function in the prosecutor's disclosure duty?+
The verb indicates that evidence contributes in some degree to negating guilt or mitigating the offense. When such evidence is known to the prosecutor, timely disclosure to the defense is required.
Supporting sources
What does it mean for words to tend to injure reputation in defamation?+
Words tend to injure reputation when they naturally and proximately harm a person's standing in the community or profession. Such statements are treated as libelous per se without proof of special damages.
Supporting sources
When does exclusion of evidence tend to prevent future violations?+
Exclusion tends to deter misconduct when the violation was willful and the interest invaded was significant. Courts weigh this factor along with others to decide whether suppression is warranted.
Supporting sources
How does parallel conduct tend to show an agreement under pleading standards?+
Parallel conduct tends to show conspiracy when additional facts make an agreement more plausible than independent action. The inference must be supported by allegations that go beyond mere parallel behavior.
What does it mean for a zoning rule to tend to restrict land development?+
A zoning rule tends to restrict development when it limits the uses to which land may be put. The restriction is evaluated for whether it constitutes a taking of property rights.
When does expert methodology tend to produce reliable results?+
Methodology tends to produce reliable results when it rests on testable principles, peer review, and known error rates. Courts assess these factors to decide admissibility.
5 U.S. (1 Cranch) 137 (1803)Property
…his official transactions while acting as Secretary of State; second, he ought not be compelled to answer anything that might tend to criminate himself. Mr. Lee replied that in discharging one part of his duties the Secretary acts as a public ministerial officer independent of the President and is bound to answer as…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational