Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase denoting an act or obligation undertaken to perform or create a specified result.
Sources & Authorities· 4 primary sources
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Cases
Federal Rules
Uniform Acts
Model Codes
Restatements
How it applies
Common Examples
6
Attorney Files Nonfrivolous Complaint
Arthur Abrams reviewed client records showing a clear statutory violation before drafting the complaint. He concluded that filing the action would satisfy the requirement to proceed only on a nonfrivolous basis. The court later denied sanctions because the filing met the standard for a good-faith claim.
University Funds Student Publications
Anika Anand, a student editor, sought university funding for a religious newspaper under an established program. University officials denied the request citing viewpoint concerns. The Supreme Court held that the denial violated free-speech principles because the program was open to all student groups.
Rosenberger v. Rector and Visitors of the University of Virginia515 U.S. 819 (1995)
Utility Challenges Advertising Ban
Aether Technologies proposed an energy-conservation advertisement that the state commission prohibited. The company argued the ban suppressed commercial speech without sufficient justification. The Court applied intermediate scrutiny and struck down the restriction as overly broad.
Central Hudson Gas & Electric Corp. v. Public Service Commission of New York447 U.S. 557, 100 S. Ct. 2343, 65 L. Ed. 2d 341 (1980)
Agency Revises Nuclear Regulations
Atlas Ventures challenged an agency rule on nuclear waste disposal that the agency had adopted without full public comment. The company claimed the process violated statutory requirements. The Court upheld the rule because the agency had followed the necessary procedures for informal rulemaking.
Vermont Yankee Nuclear Power Corp. v. Nat. Res. Def. Council, Inc.467 U.S. 837, 843, 104 S. Ct. 2778, 2781, 81 L. Ed. 2d 694 (1984)
State Court Enjoins Federal Prosecution
Anthony Arnold faced state charges that overlapped with a pending federal indictment. He asked the state court to halt the federal proceeding. The Supreme Court held that principles of comity required the federal court to abstain from interfering with the ongoing state prosecution.
Younger v. Harris401 U.S. 37 (1971)
Publisher Faces Defamation Suit
Adrian Aguilar, a private citizen, sued a magazine for publishing false statements about his professional conduct. The publisher claimed First Amendment protection for all speech about public matters. The Court ruled that actual malice must be shown only when the plaintiff is a public figure.
Gertz v. Robert Welch, Inc.418 U.S. 323, 94 S. Ct. 2997, 41 L. Ed. 2d 789 (1974)
Common questions
Frequently Asked
3
What does ad faciendum literally require in a legal instrument?+
The phrase indicates that a party must perform or create the action or document specified in the instrument.
Does ad faciendum appear in modern procedural rules?+
Modern rules use English equivalents, but the Latin phrase historically signaled an affirmative duty to act.
How does the phrase relate to a lawyer's duty under Rule 3.1?+
Rule 3.1 requires a nonfrivolous basis before a lawyer may bring or defend a proceeding, which embodies the obligation to act only when justified.
381 U.S. 479 (1965)Constitutional Law
…they see in the law make it unconstitutional. Had the doctor defendant here, or even the nondoctor defendant, been convicted for doing nothing more than expressing opinions to persons coming to the clinic that certain contraceptive devices, medicines or practices would do them good and would be desirable, or for telling…