Also known as: acts · action · deed · conduct
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A voluntary bodily movement or omission that produces an effect in the external world. Criminal and tort liability require such an act paired with the requisite mental state or intent.
A formal written law enacted by a legislative body. Such an act carries the force of law once properly passed and signed.
Each sense below has its own examples, sources, and questions.
A voluntary bodily movement or omission that produces an effect in the external world. Criminal and tort liability require such an act paired with the requisite mental state or intent.
Select any source to read its text and confirm it supports the definition.
A formal written law enacted by a legislative body. Such an act carries the force of law once properly passed and signed.
Select any source to read its text and confirm it supports the definition.
Adam Anderson fires a gun during a heated argument with a neighbor. The bullet strikes and kills the neighbor. The shooting constitutes the unlawful act that supports involuntary manslaughter liability under the common-law unlawful-act theory.
Albert Allen signs a binding contract to buy land from Atlas Ventures. The signing is the voluntary act that triggers equitable conversion. Before closing a fire destroys the house. Under equitable conversion Albert bears the risk of loss and must still pay the full purchase price.
Ava Adebayo sues Apollo Energy and sends a proper notice requesting waiver of service. The act of commencing suit and requesting waiver triggers Apollo Energy's duty to avoid unnecessary service expenses by waiving formal service of the summons.
Amelia Amari offers testimony from a coworker that Alexis Archer has a reputation for honesty. The act of offering the opinion character evidence permits the court on cross-examination to inquire into specific instances of Alexis's prior conduct.
Angela Acosta is charged with theft after items are found in her bag. She cannot be convicted unless the prosecution proves her liability rests on a voluntary act or a legally required omission she was physically capable of performing.
An act requires a voluntary bodily movement. An omission supports liability only when the defendant had a legal duty to act and was physically capable of performing the required act.
Supporting sources
No. The unlawful act must cause the death. Only certain felonies or misdemeanors that create a foreseeable risk of death qualify under the unlawful-act theory.
Supporting sources
When referring to legislation an act is a formal enacted statute. When referring to conduct an act is a voluntary bodily movement or deed that can trigger tort or criminal liability.
Supporting sources
Congress passes a statute limiting the President's removal power over certain officers. The statute cannot override the vesting of executive power in the President under Article II Section 1.
…peremptorily the performance of certain acts on which rights of individuals depend, the officer is amenable to law for his conduct. The heads of departments acting as mere organs of Executive will in political matters are not subject to judicial control but where a specific duty is assigned by law and individual rights…