Also known as: triggering condition · trigger condition · trigger conditions · triggering event · condition precedent
Written by attorneys · grounded in primary & secondary sources — see below
Circumstances that must exist before an actor becomes eligible to invoke a justification defense or similar legal privilege. The circumstances identify when a necessary and proportional response is permitted.
Select any source to read its text and confirm it supports the definition.
Theo Thomas conveyed land to his daughter while retaining a future interest that would return automatically upon the daughter's death. No event needed to occur first for the interest to become possessory. Because the retained interest lacked any triggering condition for a privilege to reclaim possession, the interest qualified as a reversion.
Taliah Tang operated an oil refinery subject to a federal order limiting production. The order rested on no concrete circumstance that Congress had identified as authorizing the restriction. The absence of any triggering condition for the executive privilege rendered the order invalid under the nondelegation doctrine.
Thaddeus Tran sought to open a new ice plant in a market already served by an existing company. A state statute required a certificate of convenience before entry. Because no triggering condition such as demonstrated public need had been shown to support the regulatory privilege, the restriction could not constitutionally bar the new entrant.
Talia Torres, an alien resident, faced a state law demanding annual registration and identification cards. The statute activated only upon the circumstance of alien status combined with presence in the state. That triggering condition placed the registration duty into effect and raised preemption questions about the enforcement privilege.
Tristan Thompson's home became the target of an anticipatory warrant based on an informant's tip that drugs would arrive the next day. The warrant could be executed only after the triggering condition of the drugs' arrival occurred. Until that circumstance materialized, officers lacked authority to search.
Theresa Tucker, a fleeing burglary suspect, ignored an officer's command to stop. The officer could use deadly force only if the triggering condition of a threat of serious harm to others existed. Absent that circumstance, the use of deadly force remained unjustified.
The actor must establish that the required circumstances existed. Those circumstances are the triggering conditions that permit a necessary and proportional response.
Supporting sources
Triggering conditions activate a privilege to act, such as self-defense. Conditions precedent in property determine when a future interest becomes possessory.
Supporting sources
Yes, provided probable cause exists to believe the condition will occur and evidence will be found when the warrant is executed.
…it may be demanded by any police officer or any agent of the Department of Labor and Industry; and exhibit the card as a condition precedent to registering a motor vehicle in his name or obtaining a license to operate one. The Department of Labor and Industry is charged with the duties of classifying the registrations for “the…