Also known as:unambiguously · unambiguousness · clear · plain meaning
Written by attorneys · grounded in primary & secondary sources — see below
Language or conduct that admits of only one reasonable meaning or interpretation. Courts treat such language or conduct as conclusive without resort to extrinsic evidence to discern intent.
Sources & Authorities
How it applies
Common Examples
6
Mortgage Satisfaction Recorded
Usman Uddin pays the final installment on his note to Union Steel. The lender records a satisfaction piece stating the debt is paid in full and the mortgage is released. Because the recorded satisfaction is unambiguous, title examiners treat the mortgage as discharged and the equity of redemption as extinguished.
Victim Seeks to Attend Trial
Ursula Ung, the victim of an assault, notifies the prosecutor she wishes to attend every public hearing. The court finds no clear and convincing evidence that her presence would materially alter her testimony. Because her request to attend is unambiguous, the court permits her presence and notes its reasoning on the record.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Casebooks
Hornbooks
Course Outlines
Uriah Urban steps into traffic without looking while a driver simultaneously fails to brake. The jury finds Urban's conduct negligent and the driver's conduct negligent. Because the plaintiff's contributory negligence is unambiguous under the facts, recovery is barred even though the acts were simultaneous.
Will Revocation Ineffective
Ulrike Ulrich executes a new will revoking her prior will solely because she believes her son has predeceased her. Clear and convincing evidence later shows the son is alive. Because the revocation rests on an unambiguous false belief about a fact, the revocation is presumptively ineffective.
Habeas Corpus Remains Available
Usha Upton is detained by federal authorities during peacetime. No rebellion or invasion exists. Because the constitutional text is unambiguous that suspension is permitted only in cases of rebellion or invasion, the writ remains available and the detention order is reviewed on habeas.
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Ulysses Maritime circulates a price list describing vessel charters. Uri Underwood responds by tendering payment for a listed charter. Because the price list contains no language of commitment and is therefore unambiguous as a mere invitation to negotiate, no contract is formed by the response.
Common questions
Frequently Asked
4
When is a suspect's request for counsel considered unambiguous under the Fifth Amendment?+
A request is unambiguous only if a reasonable officer would understand it as a request for counsel. Vague statements such as "Maybe I should talk to a lawyer" do not qualify. Once an unambiguous request is made, all questioning must cease.
Does clear contract language prevent consideration of extrinsic evidence?+
When contractual language is clear and unambiguous, courts determine the parties' intent solely from the ordinary meaning of the words. Extrinsic evidence is not admitted to contradict that meaning.
What consequence follows when a will revocation rests on an unambiguous false belief?+
The revocation is presumptively ineffective. The presumption may be rebutted only if allowing the revocation to stand would better reflect the testator's probable intent.
How does an unambiguous satisfaction piece affect a recorded mortgage?+
Payment of the full debt coupled with an unambiguous recorded satisfaction discharges the mortgage and clears title. Recording is required to give constructive notice to subsequent purchasers.
410 U.S. 113 (1973)Constitutional Law
…by the first section of the Fourteenth Amendment, see Meyer v. Nebraska , 262 U.S. 390, 399 (1923). These decisions make it clear that only personal rights that can be deemed "fundamental" or "implicit in the concept of ordered liberty," Palko v. Connecticut , 302 U.S. 319, 325 (1937), are included in this guarantee…