Also known as: affects · affected · affecting · influence
Written by attorneys · grounded in primary & secondary sources — see below
Action producing an effect on or influencing a person, thing, or legal relation.
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After Arcadia Retail signed a contract to sell land to Arthur Abrams, a fire damaged the property before closing. The court treated Arthur as owner from contract formation, so he bore the loss under equitable conversion principles.
A dispute arose between a foreign consul and a U.S. citizen over a commercial contract. The Supreme Court exercised original jurisdiction because the case affected a public minister under Article III.
Amelia Amari failed to respond to Alfred Ashford's document requests in a contract suit. Alfred moved for an order compelling disclosure after certifying good-faith efforts to confer with all affected persons.
Anita Ali testified at trial that Aether Technologies breached their agreement. Defense counsel implied she fabricated the account for improper gain. The court admitted her earlier consistent statement to rebut the charge of recent improper influence.
A high-profile contract dispute involving Aurora Biotech was pending before Judge Alice Atkins. She declined to comment publicly on the merits because any statement might reasonably be expected to affect the outcome or impair fairness.
Abigail Alvarez sought to retain Artemis Logistics's former outside counsel in a new matter adverse to the firm. The affected client provided informed consent under Rule 1.7, waiving the disqualification that Rule 1.10 otherwise prescribed.
Once a binding contract forms, the buyer is treated as owner in equity. This shifts the risk of loss to the buyer even while the seller retains legal title, so damage to the property before closing falls on the buyer in most jurisdictions.
Article III extends original jurisdiction to all cases affecting ambassadors, other public ministers, and consuls. The Court hears such disputes directly without prior lower-court review when a state or the United States is also a party.
…the United States. In the distribution of this power it is declared the Supreme Court shall have original jurisdiction in cases affecting ambassadors and where a state is a party; in all other cases it shall have appellate jurisdiction. It has been insisted that Congress may give original jurisdiction to the Supreme Court in…
…right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child." That right necessarily includes the right of a woman to decide whether or not to terminate her pregnancy. "Certainly the…
…the policy of separating the races is usually interpreted as denoting the inferiority of the Negro group. A sense of inferiority affects
…had its limits of power set forth in one written document that also made it abundantly clear that all governmental actions affecting life, liberty, and property were to be according to law. For years our ancestors had struggled in an attempt to bring England under one written constitution, consolidating in one place all…
…might reasonably expect that with or apart from their remittances word might come to them personally that steps were being taken affecting
The motion must give notice to all affected persons and certify that the movant conferred in good faith with the party failing to disclose. Without the certification, the court will not compel production.
The statement is not hearsay if offered to rebut an express or implied charge that the declarant recently fabricated testimony or acted from an improper motive. It may be admitted to restore credibility.
A judge must avoid any public statement that might reasonably be expected to affect the outcome or impair fairness of a pending or impending case. Nonpublic statements that substantially interfere with a fair trial are also prohibited.
The affected client may waive the disqualification if the conditions of Rule 1.7 are met, including informed consent and a reasonable belief that competent representation will continue for each client.