Also known as: &
Written by attorneys · grounded in primary & secondary sources — see below
A coordinating conjunction that joins words, phrases, or clauses of equal rank. When used in a legal rule or requirement, it mandates that every connected element must be satisfied for the rule to apply.
Select any source to read its text and confirm it supports the definition.
Police charge a driver with involuntary manslaughter after the driver, while speeding through a school zone, strikes and kills a pedestrian. Prosecutors must prove both that the death resulted from criminal negligence and that it occurred during an unlawful act. Because the evidence establishes only the unlawful act but not the required degree of negligence, the charge fails.
A buyer refuses to close on a land contract after discovering an unreleased lien and a gap in the chain of title. The seller must deliver title free from reasonable doubt and acceptable to a prudent purchaser. Because both defects remain uncured, the buyer may rescind the contract.
A plaintiff files a civil suit seeking $50,000 in damages and demands a jury. The Seventh Amendment preserves the right to a jury trial in suits at common law where the amount in controversy exceeds twenty dollars. Because both the suit type and the monetary threshold are met, the demand is granted.
A plaintiff sends a written notice and request for waiver of service to a corporate defendant. The defendant has a duty to avoid unnecessary service expenses and must respond to a proper request. Because the notice satisfies every listed requirement, the defendant must waive formal service or bear the costs.
A party asks the court to judicially notice the exact distance between two cities shown on an official government map. The fact must be generally known within the jurisdiction or accurately determinable from unquestionable sources, and the court must take notice when supplied with the necessary information. Because the map satisfies the accuracy condition and the request is proper, the court takes notice.
A sitting judge drafts a will for a family member without compensation and later appears in court on the same matter. The rule prohibits a judge from practicing law and from serving as a family member's lawyer in any forum. Because the courtroom appearance occurs, the conduct violates the rule.
Yes. When a statute or rule uses 'and' to connect requirements, each element must be satisfied. Failure to establish any one element prevents the rule from applying.
Supporting sources
The presence of any single uncured defect listed after 'and' renders title unmarketable. The buyer may therefore refuse to close if even one qualifying defect remains.
Supporting sources
Yes. The Seventh Amendment uses 'and' to preserve both the right to a jury trial and the prohibition on re-examination of jury facts except under common-law rules. Both protections apply simultaneously.
Supporting sources
…are enjoined by law. When a commission for an officer not holding his office at the will of the President is by him signed and transmitted to the Secretary of State to be sealed and recorded, it is irrevocable; the appointment is complete. A mandamus is the proper remedy to compel a Secretary of State to deliver a…