Also known as: abstinent · abstain · abstains · abstained · abstaining
Written by attorneys · grounded in primary & secondary sources — see below
The practice of refraining completely from indulgence in some act. In legal settings the concept requires a party or court to forgo action that would otherwise be available when a statute or doctrine imposes a duty to abstain.
A property owner sues in federal court claiming a state zoning ordinance violates the federal Constitution. The district court determines that an unsettled question of state law could resolve or narrow the constitutional claim. The court exercises abstinence by staying the federal action and directing the parties to state court first.
During a confrontation at his workplace, Aaron knows he can retreat safely or surrender a disputed item to the claimant. Instead of using force, Aaron complies with the demand that he abstain from further action. Because he satisfies the statutory duty, his later defensive force is justified.
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A defendant facing ongoing state criminal charges files a federal suit seeking to enjoin the prosecution on constitutional grounds. The federal court determines that no bad-faith or harassment exception applies. It therefore practices abstinence and dismisses the federal action to respect principles of comity.
An adult engages in sexual relations with a minor despite knowing he has no legal duty to do so. The statute imposes liability because the adult failed to abstain from the prohibited act. The minor's inability to consent supplies the rationale for requiring abstinence.
State employees are fired for ingesting peyote during a religious ceremony. The Court holds that the free-exercise clause does not require the state to grant an exemption. The employees' religious practice does not override the state's general prohibition on the substance, so they must abstain.
A public university refuses to fund a student newspaper because of its religious viewpoint. The Court rules that the university may not practice abstinence from funding on that basis alone. Once the university opens a forum for student speech, it cannot exclude religious perspectives without violating the First Amendment.
A federal court must abstain when a constitutional claim depends on an unsettled question of state law that a state-court decision could avoid or narrow. The court stays the federal action temporarily so the state courts can resolve the state-law issue first.
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Younger abstention generally bars federal injunctions against ongoing state criminal prosecutions absent bad faith, harassment, or a flagrantly unconstitutional statute. The doctrine rests on comity and federalism and does not extend to every civil matter.
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The Code requires the actor to retreat or abstain from the disputed action if he knows he can avoid using force with complete safety. Failure to do so defeats the justification for deadly force unless an exception applies.
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A religious group may advocate abstinence from alcohol as part of its ethical code. That practice does not automatically exempt members from neutral, generally applicable drug laws under the Free Exercise Clause.
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…the church’s doctrine forbid nonreligious use of peyote; it also generally advocates self-reliance, familial responsibility, and abstinence from alcohol. See Brief for Association on American Indian Affairs et al. as Amici Curiae 33-34 (the church’s “ethical code” has four parts: brotherly love, care of family, self-reliance,…