Also known as: warrants · warranted · warranting · writ · authorization
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A covenant in a deed by which the grantor guarantees the quality of title conveyed. The general warranty deed includes covenants of seisin, right to convey, against encumbrances, quiet enjoyment, and warranty. The special warranty deed limits the guarantee to claims arising through the grantor. Covenants run with the land and support later claims by the grantee.
A covenant in a deed by which the grantor guarantees the quality of title conveyed. The general warranty deed includes covenants of seisin, right to convey, against encumbrances, quiet enjoyment, and warranty. The special warranty deed limits the guarantee to claims arising through the grantor. Covenants run with the land and support later claims by the grantee.
William Williams conveyed Blackacre to Wanda Williams by a deed reciting covenants of seisin, right to convey, against encumbrances, quiet enjoyment, and warranty. After closing, a prior mortgage surfaced. Wanda may enforce the warranty covenant against William because the covenant runs with the land.
A judicial writ directing a law enforcement officer to arrest a person or search a place. It issues only upon probable cause supported by oath or affirmation and must particularly describe the place to be searched and the persons or things to be seized.
Officers obtained a warrant describing 123 Maple Street and authorizing seizure of specified documents. They entered the premises and seized the listed items. The search complied with the warrant requirement because probable cause was shown by affidavit and the description was particular.
A legal contention or denial that rests on existing law or on a nonfrivolous argument for changing the law, or that has evidentiary support. An attorney or unrepresented party certifies this basis when presenting a pleading or motion to the court.
Wren Wallace filed a complaint alleging breach of contract. The claims rested on settled precedent and the factual allegations were supported by documents obtained in pre-suit investigation. The filing satisfied the requirement that contentions be warranted by existing law and evidence.
A judicial writ directing a law enforcement officer to arrest a person or search a place. It issues only upon probable cause supported by oath or affirmation and must particularly describe the place to be searched and the persons or things to be seized.
A legal contention or denial that rests on existing law or on a nonfrivolous argument for changing the law, or that has evidentiary support. An attorney or unrepresented party certifies this basis when presenting a pleading or motion to the court.
Each sense below has its own examples, sources, and questions.
Winter Wolfe conveyed Greenacre by special warranty deed. A title defect arising from a prior owner outside Wolfe's chain appeared after transfer. The grantee has no claim against Wolfe because the warranty extended only to claims arising through the grantor.
A general warranty deed contains covenants that protect against all title defects, including those arising before the grantor acquired title. A special warranty deed limits protection to defects arising only through the grantor. Both may run with the land and support later claims by remote grantees.
After a sworn complaint showed probable cause that parolee Paul Porter had violated release conditions by leaving the state, the court issued an arrest warrant. Officers executed the warrant at Porter's known address and took him into custody without incident.
A complaint and supporting affidavits established probable cause that Wendy Wu committed the charged offense. The magistrate issued an arrest warrant directing a marshal to take her into custody. The warrant satisfied the issuance standard because the complaint was sworn and the facts showed probable cause.
A warrant must be supported by probable cause shown by oath or affirmation. It must particularly describe the place to be searched and the persons or things to be seized. These requirements prevent general warrants and protect against unreasonable searches.
An arrest warrant directs an authorized officer to take the defendant into custody. A summons instead directs the defendant to appear before the court. The judge issues a warrant when probable cause is shown. A summons may be requested by the government in place of a warrant.
Rule 11 requires that claims, defenses, and other legal contentions be warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law. The certification is made by presenting the pleading or motion to the court.
…agreed and submitted to the court, which judgment was affirmed by the Court of Appeals of Maryland, and the cause was brought by writ of error to the Supreme Court of the United States. It is admitted that on April 10, 1816, Congress passed an act entitled "An act to incorporate the subscribers to the Bank of the United…