Also known as: appears · appeared · appearing · appearance · appearances · entry of appearance
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A verb indicating that a fact, condition, or state presents itself to observation or creates a particular impression. The term captures both actual visibility and the reasonable perception created by conduct or circumstances.
A verb denoting the act of presenting oneself before a court or tribunal in a legal proceeding. The term encompasses both physical attendance and the formal submission of a party or representative to the court's jurisdiction.
Each sense below has its own examples, sources, and questions.
A verb indicating that a fact, condition, or state presents itself to observation or creates a particular impression. The term captures both actual visibility and the reasonable perception created by conduct or circumstances.
Select any source to read its text and confirm it supports the definition.
Judge Albert Allen owns municipal bonds issued by a city that is a defendant in a pending case before him. Even though he does not participate in any rulings affecting the bonds, his ownership creates the perception that he might favor the city to protect his investment. The judicial conduct rule requires him to avoid any such perception to maintain public confidence in impartiality.
Alexis Archer is forced at gunpoint to sign a contract with Apex Dynamics. Although the signature looks like a voluntary manifestation of assent on its face, the physical compulsion means the conduct does not count as effective assent under the duress rule.
Angela Acosta's landlord enters her apartment to fix a leaky pipe but leaves the floor unstable without warning her. Because the repair creates a deceptive appearance of safety that she neither knows nor should know about, the landlord faces liability for her resulting injury under the property rule.
The rule requires judges to avoid even the appearance of impropriety to promote public confidence, regardless of whether actual bias exists. A judge may be required to recuse or refrain from conduct that creates a reasonable perception of partiality even if no improper motive is proven.
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Apparent assent is ineffective when the conduct is physically compelled by duress and the party does not intend to engage in that conduct. The resulting signature or action does not manifest assent and the contract is not formed.
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A verb denoting the act of presenting oneself before a court or tribunal in a legal proceeding. The term encompasses both physical attendance and the formal submission of a party or representative to the court's jurisdiction.
Select any source to read its text and confirm it supports the definition.
…of discreet persons to be justices of the peace as the President shall think expedient, to continue in office for five years. It appears from the affidavits that a commission for Marbury as justice of the peace was signed by John Adams and the seal affixed but the commission never reached the person for whom it was made…
…that at common law, abortion performed before "quickening"— the first recognizable movement of the fetus in utero , appearing usually from the 16th to the 18th week of pregnancy[^maj-20]—was not an indictable offense.[^maj-21] The absence of a common-law crime for pre-quickening abortion
…all state-imposed discriminations against the Negro race.[^maj-6] The doctrine of "separate but equal" did not make its appearance
…trust fund; and appellee Vaughan was appointed to represent those similarly interested in the principal. There were no other appearances
…subject to subpoena in this case were included in those releases. On May 1, 1974, the President's counsel filed a special appearance
Austin Abbott sees a fire spreading toward his neighbor's barn and enters the property to extinguish it. Because the entry reasonably appears necessary to prevent serious harm and the neighbor would not object, the tort rule privileges the entry despite the lack of prior consent.
Abigail Alvarez removes a state case to federal court. After removal but before final judgment, it appears the district court lacks subject matter jurisdiction. The statute requires remand, and the court may also award costs and fees incurred because of the improper removal.
After Alpine Mining's owner dies, the surviving spouse and minor children need funds during administration. The probate code permits the allowance to be paid in installments or lump sum as the needs of the family members may appear, with priority over most other claims.
A landlord who makes repairs that render the property more dangerous or give it a deceptive appearance of safety, unknown to the tenant, is liable for physical harm caused by the condition. The rule protects tenants and their guests who reasonably rely on the apparent safety.
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Entry is privileged if it is or reasonably appears necessary to prevent serious harm to the actor, the actor's property, the possessor, or a third person, unless the actor knows the possessor is unwilling. The reasonable appearance of necessity supplies the privilege even without prior consent.
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If at any time before final judgment it appears the district court lacks subject matter jurisdiction, the case shall be remanded. The court may also require payment of costs and attorney fees incurred as a result of the removal.
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The allowance may be paid as a lump sum or in installments to the surviving spouse for the use of the spouse and minor children, or partly to children or guardians as their needs may appear. The statute gives the court flexibility to allocate based on actual demonstrated needs.
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