Also known as: underlie · underlies · underlay · underlain · underlyingly · underlying asset · underlying obligation
Written by attorneys · grounded in primary & secondary sources — see below
A foundational obligation, fact, or predicate that supports or is secured by a legal device, opinion, or liability determination. The validity or scope of the supporting structure depends on the existence and character of this base element.
Select any source to read its text and confirm it supports the definition.
United Bank lends money to Ugo Ucelli under a note that will be executed next month. Ugo signs a mortgage on his warehouse to secure that anticipated debt. When the note is later signed, the mortgage attaches and remains enforceable even though the obligation arose after the mortgage document.
Ursula Ung testifies as an expert that a manufacturing defect caused the fire. She states her conclusion and the basis for it without first listing every test result. On cross-examination the defense requires her to identify the specific data and calculations supporting the opinion.
Ulrike Ulrich commits a regulatory misdemeanor by failing to post required safety signs at a construction site. A worker dies when a trench collapses. The prosecution must prove the death was a foreseeable result of the regulatory violation before the jury may convict of manslaughter.
Upland Industries and Una Ueda dispute ownership of equipment located in State B. The court examines the parties' contacts, the location of the equipment, and the policies of the interested states to decide which state's law governs the security interest.
Ulysses Maritime finances a lawsuit brought by its subsidiary against a supplier. After the supplier loses on the issue of contract interpretation, Ulysses attempts to relitigate the same issue in its own later action. The prior determination binds Ulysses because it controlled the first litigation.
Umbra Technologies offers a chart summarizing thousands of invoices to prove the amount owed. The opposing party requests copies of the original invoices at a reasonable time before trial. The court may order production of the underlying documents if the request is timely.
The mortgage may be extinguished or become unenforceable once the obligation it secures is discharged. The security device exists only to protect a valid underlying debt or promise.
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No. The expert may state the opinion and reasons without first disclosing the facts or data unless the court orders otherwise. Disclosure can be compelled on cross-examination.
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Under the majority rule, the misdemeanor supports manslaughter only if death was a foreseeable result of the violation. Some jurisdictions further require that the misdemeanor be malum in se.
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