Merger After Completed Offense
Aaron Adams agreed with another person to commit arson but later set the fire himself. The completed felony absorbed the preliminary conspiracy, so the inchoate offense merged and Aaron faced only the felony charge.
Also known as: actors · actores · plaintiff · claimant
Written by attorneys · grounded in primary & secondary sources — see below
A person whose conduct is questioned in a legal proceeding. The term identifies the individual whose actions or omissions form the basis for potential liability or criminal responsibility.
Select any source to read its text and confirm it supports the definition.
Aaron Adams agreed with another person to commit arson but later set the fire himself. The completed felony absorbed the preliminary conspiracy, so the inchoate offense merged and Aaron faced only the felony charge.
Atlas Ventures held the senior mortgage on property owned by Arthur Abrams. When Atlas initiated foreclosure, Arthur was joined as a necessary party so that any sale would extinguish his equity of redemption.
Abigail Alvarez sued Austin Abbott for breach of contract. Her attorney sent a notice and request for waiver of service, imposing on Austin a duty to avoid the unnecessary expense of formal service of process.
Anita Ali filed a derivative suit against Apollo Energy directors. After a qualified committee determined that pursuing the claims was not in the corporation's best interests, Anita had to allege with particularity facts showing the committee failed to meet statutory requirements.
Alexandra Armstrong intended only to startle Austin Abbott by throwing a rock near him. The rock struck him and caused a bruise. Alexandra remained liable for battery even though she had not intended the resulting bodily harm.
Aaron Adams alleged that federal officers violated his Fourth Amendment rights during a search. Even without an express statutory remedy, the federal court recognized an implied cause of action directly under the Constitution.
The actor is the person whose conduct is under examination, which may include the defendant or another participant whose actions complete an offense and trigger merger of inchoate crimes.
Supporting sources
Yes. The Restatement uses actor to identify the person whose intentional act causes offensive or harmful contact, establishing liability even without intent to produce the specific harm that resulted.
The plaintiff must allege with particularity facts establishing that the requirements of subsection (a) have not been met.
…is that a litigant may assert only his own constitutional rights or immunities. The rule has no application where, as here, the plaintiff is himself or herself the immediate object of the challenged statute. Pp. 123-129. (b) The Does' complaint based on their own and their wives' alleged injury from the future possibility of…