Also known as: abinitio · from the beginning
Written by attorneys · grounded in primary & secondary sources — see below
An adverb indicating that a legal status, act, or consequence is treated as having taken effect from the very outset of the relevant transaction or occurrence.
Aaron Adams was named as an intended beneficiary in a supply agreement between Aether Technologies and Alliance Holdings. Upon learning the terms, Aaron promptly notified both parties that he disclaimed any rights under the promise. The disclaimer rendered Alliance Holdings's duty to Aaron inoperative from the beginning, so no performance obligation ever arose in his favor.
Austin Abbott was subjected to an unlawful search by federal agents. The court recognized that the agents' conduct violated constitutional protections from the moment of entry. Any evidence obtained was therefore excluded as tainted ab initio.
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Amber Alonzo attempted to create a trust over certain real property. The court later determined the attempted transfer violated the rule against perpetuities. The interest was therefore treated as never having come into existence from the beginning.
Antonio Alvarado sued under state tort law in federal court. The court applied the state rule that had governed the claim from the moment the cause of action arose. Federal procedural rules could not alter the substantive rights that existed ab initio under state law.
Alexandra Armstrong was sentenced based on a judicial finding of a sentencing factor. The Supreme Court held that the factor must be treated as nonexistent from the outset because it was not found by a jury. The enhanced sentence was therefore invalid ab initio.
Ava Adebayo refused to salute the flag under a state board rule. The Court held that the requirement violated free speech protections from the moment it was imposed. The regulation was therefore void ab initio as applied to her.
A beneficiary who has not previously assented may disclaim within a reasonable time after learning of the promise. The disclaimer renders the duty inoperative from the beginning under Restatement (Second) of Contracts § 306.
An annulment declares the marriage invalid from the beginning, so the parties are treated as never having been married. This differs from divorce, which ends a valid marriage going forward.
The provision is treated as having no legal effect from the outset. Courts will not enforce any part of a contract that state law renders an absolute nullity from the beginning.
No. A term that is generic from its first use never acquires trademark rights because it was never capable of distinguishing source.
…v. State Bar , 353 U. S. 252. And Bolling v. Sharpe , 347 U. S. 497, merely recognized what had been the understanding from the beginning of the country, an understanding shared by many of the draftsmen of the Fourteenth Amendment, that the whole Bill of Rights, including the Due Process Clause of the Fifth Amendment, was a…