Written by attorneys · grounded in primary & secondary sources — see below
A preposition or adverbial marker denoting occurrence or existence prior to a specified point in time or event.
Sources & Authorities
How it applies
Common Examples
6
Dwelling Status Before Occupancy
Andre Antoine signed a lease for a vacant warehouse but had not yet moved any belongings inside. When vandals broke a window the night before his planned move-in, the structure did not qualify as a dwelling under the burglary statute because no one had yet used it regularly for sleeping.
Risk Allocation at Contract Formation
Adam Anderson contracted to buy a commercial building from Apollo Energy. Hours after signing but before closing, a fire destroyed the structure. Under equitable conversion the buyer bore the loss and remained obligated to pay the full purchase price.
Executive Power Vesting on Inauguration
Amelia Amari took the presidential oath at noon on January 20. All executive authority vested in her at that instant, terminating the prior president's powers under the constitutional timetable.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Judicial Notice Request Timing
Anthony Arnold asked the court to take judicial notice of a public record after the judge had already announced the fact. The rule still entitled him to a hearing on the propriety of the notice and the nature of the fact noticed.
Bias Prevention Obligation
Arthur Abrams, presiding over a trial, observed counsel making repeated gender-based remarks to a witness. He halted the proceedings and directed counsel to refrain from any further manifestations of bias or harassment.
Contingent Fee Writing Requirement
Alan Ackerman agreed orally with Astra Aerospace to handle a contract dispute for a percentage of any recovery. Because the agreement was never reduced to a signed writing stating the percentage and expense allocation, the fee arrangement was unenforceable.
Common questions
Frequently Asked
6
How does the meaning of ante affect the classification of a structure as a dwelling in burglary analysis?+
A structure qualifies as a dwelling only after occupants have moved in and begun using it regularly for sleeping. Before that point it is not a dwelling even if a contract exists.
When does risk of loss pass under equitable conversion?+
Risk passes to the buyer at the moment a binding contract is formed, which occurs before closing or deed delivery in most jurisdictions.
What timing governs the vesting of executive power?+
Executive power vests upon taking the oath at the start of the four-year term, which occurs after the electoral process concludes but before any subsequent actions.
May a party be heard after judicial notice has already been taken?+
Yes. On timely request a party remains entitled to be heard on the propriety of the notice even if the court announced the fact before notifying the party.
What duty does a judge have regarding lawyer conduct that occurs during proceedings?+
A judge must require lawyers to refrain from bias or harassment based on protected attributes whenever such conduct appears before the court.
What formalities must precede enforcement of a contingent fee?+
The agreement must be in a signed writing that states the percentage, expense treatment, and client liability before any recovery is obtained.
5 U.S. (1 Cranch) 137 (1803)Property
…and then back to the Secretary's office where the seal was affixed. Commissions were not usually delivered from the office before they were recorded though sometimes they were. He believed none of those commissions were ever sent out or delivered to the persons for whom they were intended and did not know what became…