Written by attorneys · grounded in primary & secondary sources — see below
An act or action. A thing done.
Sources & Authorities· 29 primary sources
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Uniform Acts
How it applies
Common Examples
6
Unlawful Act in Manslaughter
Adrian Aguilar drove his car while intoxicated and struck a pedestrian, causing death. The prosecution relied on the unlawful act of driving under the influence to establish the required conduct for involuntary manslaughter liability. Because the driving constituted a voluntary act, the court permitted the charge to proceed under the common law unlawful-act theory.
Risk of Loss After Contract
Anthony Arnold signed a binding contract to purchase land from Avalon Pharmaceuticals. Before closing a fire destroyed the main building on the property. Under equitable conversion the court treated Anthony as owner at contract formation, so the risk of loss passed to him and he remained obligated to pay the full price.
Andrew Avery, the newly elected President, took the oath of office and began exercising executive authority by issuing directives to federal agencies. The Constitution vests that power in the President, enabling him to perform official functions for the four-year term without further legislative approval.
Voluntary Act Requirement
Albert Allen was charged with theft after his hand moved an item from a store shelf into his pocket during an epileptic seizure. The court dismissed the charge because the movement was not a voluntary act under the Model Penal Code. Liability requires conduct that includes a voluntary act or omission the defendant is physically capable of performing.
Prohibition on Law Practice
Judge Anita Ali drafted a will for her cousin and charged a fee for the service. The judicial conduct commission sanctioned her because providing compensated legal services to a family member violated the rule that a judge shall not practice law, even though she could act pro se in her own matters.
Intoxication and Contract Capacity
Austin Abbott signed a loan agreement while heavily intoxicated. The lender knew of his condition. Because Austin was unable to act in a reasonable manner in relation to the transaction and the lender had reason to know, the contract created only voidable duties under the Restatement rule.
Common questions
Frequently Asked
1
What must be shown to establish that conduct qualifies as an act for criminal liability?+
The conduct must include a voluntary act or omission the defendant is physically capable of performing. Reflexes, convulsions, and movements during sleep or unconsciousness do not qualify as voluntary acts.
5 U.S. (1 Cranch) 137 (1803)Property
…have not power to give original jurisdiction to the Supreme Court in other cases than those described in the Constitution. An act of Congress repugnant to the Constitution cannot become a law. The courts of the United States are bound to take notice of the Constitution. A commission is not necessary to the appointment…