Written by attorneys · grounded in primary & secondary sources — see below
A preposition indicating the manner, means, or condition accompanying an act or state described in a legal rule.
Sources & Authorities· 40 primary sources
How it applies
Common Examples
6
Killing With Malice Aforethought
Wanda Williams deliberately shoots her neighbor during an argument. The prosecution proves she acted with malice aforethought, satisfying the mental state required for a murder conviction under the common law definition.
Purchaser With Full Knowledge
Walker Valley Produce contracts to buy farmland. The seller must deliver title that a reasonably prudent purchaser with full knowledge of the facts would accept. A recorded lien renders the title unmarketable, allowing the buyer to rescind.
Commerce With Foreign Nations
Congress enacts a statute regulating imports from abroad. The power to regulate commerce with foreign nations supplies the constitutional basis for the law, permitting uniform duties throughout the United States.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Supplied With Necessary Information
Willow West requests judicial notice of a public record. Once the court is supplied with the necessary information confirming the fact, the judge must take judicial notice under the federal rule.
Statement With Fairness Impact
A sitting judge issues a press release about a pending criminal case. The statement might reasonably be expected to affect the outcome or impair the fairness of the matter, violating the judicial conduct rule.
Information With Material Disadvantage
A former government lawyer joins a firm representing a client adverse to a person about whom the lawyer holds confidential government information. The information could be used to the material disadvantage of that person, triggering the screening requirement.
Common questions
Frequently Asked
5
How does the preposition 'with' function in the malice aforethought element of murder?+
It specifies the mental state that must accompany the unlawful killing, requiring proof that the defendant acted with one of the recognized forms of malice.
Supporting sources
What role does 'with' play in the marketable title standard?+
It identifies the knowledge a prudent purchaser must possess when deciding whether to accept the title offered at closing.
Supporting sources
Why must a court take judicial notice when supplied with the necessary information?+
The rule uses 'with' to describe the condition that triggers the mandatory duty once the requesting party furnishes adequate proof of the fact.
Supporting sources
How does 'with' limit a judge's public statements?+
It qualifies the type of statement a judge may not make when the statement might affect the fairness of a pending matter.
Supporting sources
What does 'with' require in the government lawyer conflict rule?+
It identifies the manner in which the lawyer acquired the confidential information that later creates the disqualification.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…by the Secretary of State; that the applicants had requested delivery of their commissions which request had not been complied with; and that their commissions were withheld from them. A rule was laid to show cause on the fourth day of the term and duly served. Mr. Lee, in support of the rule, observed it was important…