Written by attorneys · grounded in primary & secondary sources — see below
A completed action or deed. Legal doctrines frequently require proof of such an act to establish liability, authority, or an element of an offense.
Sources & Authorities· 29 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Overt Act in Conspiracy Charge
Andre Antoine and Antonio Alvarado agreed to commit a misdemeanor theft. Prosecutors introduced evidence that Andre purchased lock-picking tools the day before the planned break-in. The court required this actum to be alleged and proved before convicting either man of conspiracy.
Agent's Act Binding Principal
Angela Acosta told her agent Adrian Aguilar to negotiate a lease on her behalf. When Adrian signed the lease in accordance with Angela's instructions, the actum affected Angela's legal relations with the landlord under principles of agency authority.
Anita Ali swung her arm and struck Audrey Ashton in the face during an argument. Because the harmful contact resulted directly from Anita's own actum, she faced liability for battery even though she claimed she only intended to scare Audrey.
Cross Burning as True Threat
Ashford Manufacturing employees burned a cross on Atlas Ventures property while shouting threats at the owners. The actum was performed with intent to intimidate, allowing the state to prosecute it as an unprotected true threat rather than protected speech.
Seller's Failure to Deliver
Argonaut Shipping refused to ship the contracted goods to Apex Dynamics after receiving payment. The buyer's remedies under the UCC were triggered by this actum of non-delivery, allowing cancellation and recovery of the price paid.
Law Governing Immovable Property
Antonio Alvarado transferred title to land located in State B while residing in State A. Courts applied the full law of State B, including its choice-of-law rules, to determine the validity of the actum because the property was an immovable.
Common questions
Frequently Asked
3
What must be shown to convict someone of conspiracy to commit a non-serious felony?+
An overt act in furtherance of the conspiracy must be alleged and proved. The act may be performed by the defendant or by a co-conspirator.
Supporting sources
How does an agent's act create authority for the principal?+
The agent's act must be done in accordance with the principal's manifestations of consent. That manifestation gives the agent power to affect the principal's legal relations.
Supporting sources
What element of battery requires proof of the defendant's own conduct?+
The harmful bodily contact must be caused by an act done by the person whose liability is in question. Liability does not attach for contact caused solely by another person's independent act.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…next morning Mr. Lincoln said he had no objection to answer the questions proposed except the last which asked what had been done with the commissions; he did not know that they ever came to the possession of Mr. Madison nor that they were in the office when Mr. Madison took possession. He asked the opinion of the…