Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase used in legal proceedings to indicate the purpose of demonstrating or establishing a fact, proposition, or element of a claim or defense.
Sources & Authorities
How it applies
Common Examples
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Prior Act Offered for Intent
Anika Anand stood trial for theft after taking electronics from a shipping container. The prosecution sought to introduce her prior conviction for similar cargo diversion. The court excluded the evidence because it served only to show character rather than a non-propensity purpose such as intent.
Conduct Forming Sales Contract
Anthony Arnold emailed an order for pharmaceuticals to Aurora Biotech. Aurora shipped the goods and Arnold accepted and paid for them without a signed writing. The parties' conduct recognizing the transaction formed an enforceable contract for the sale of goods.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Aaron Adams faced drug charges and sought to question the state's key witness about his probation status from a juvenile adjudication. The trial court permitted the inquiry because it was necessary to show bias and protect the defendant's confrontation rights.
Absolute Deed Intended as Mortgage
Antonio Alvarado transferred title to his warehouse to Atlas Ventures by absolute deed while borrowing funds. When Atlas later refused reconveyance after repayment, the court admitted parol evidence to show the deed was security only and ordered reconveyance.
Court-Appointed Expert
Andrew Avery moved for appointment of a neutral toxicologist in a products liability suit against Avalon Pharmaceuticals. The court issued an order to show cause why an expert should not be appointed and ultimately selected a mutually acceptable candidate who consented to serve.
Sham Will Lacking Testamentary Intent
Andre Antoine executed a document labeled his last will that left property to a girlfriend. Extrinsic evidence showed the document was created only to induce her to remain in the relationship. The court held the instrument ineffective as a will because it lacked genuine testamentary intent.
Common questions
Frequently Asked
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How does the phrase ad ostendendum function in evidentiary rulings?+
The phrase signals the specific purpose for which evidence is offered, such as proving intent rather than character under Rule 404(b). Courts use it to distinguish permissible from prohibited uses of prior acts.
Can conduct alone satisfy the requirements for contract formation under the UCC?+
Yes. Conduct by both parties that recognizes the existence of a contract for the sale of goods is sufficient to form the agreement even without a signed writing.
When may a defendant cross-examine a witness about a juvenile record?+
Cross-examination is permitted when the juvenile adjudication or probation status is necessary to show bias or attack credibility and the Confrontation Clause requires it.
What remedy follows when an absolute deed is shown to be intended only as security?+
The grantor retains an equitable right to redeem, and upon repayment the grantee must reconvey title.
What must a court do before appointing an expert witness on its own?+
The court may issue an order to show cause why an expert should not be appointed and may appoint only a person who consents to serve.
What evidence may rebut the presumption that a document labeled as a will is testamentary?+
Extrinsic evidence may show the document was executed for a collateral non-testamentary purpose, rendering it ineffective as a will.
5 U.S. (1 Cranch) 137 (1803)Property
…General of the United States, severally moved the court for a rule to James Madison, Secretary of State of the United States, to show cause why a mandamus should not issue commanding him to cause to be delivered to them respectively their several commissions as justices of the peace in the District of Columbia. This…