Also known as: applicable laws · governing law
Written by attorneys · grounded in primary & secondary sources — see below
A body of law that governs a particular matter or issue in a legal proceeding or transaction. It supplies the substantive or procedural standards that determine rights, protections, or obligations when a specific rule refers outward to external authority.
During discovery in a contract dispute, Aurora Biotech withholds internal memos prepared by its counsel in anticipation of suit. The court applies the definition of work-product protection drawn from applicable law to decide whether the memos receive protection from disclosure.
Adrian Aguilar executes a revocation of his will believing it will redirect assets to a charity that later proves ineligible. The court examines whether the revocation fails because the dispositive objective cannot be achieved under applicable law.
Select any source to read its text and confirm it supports the definition.
Andre Antoine is fired after participating in a religious ceremony involving a controlled substance banned by state criminal law. The court holds that neutral, generally applicable law requires compliance even when religious practice is burdened.
Anchor Bank, an unincorporated entity, is sued in a district where it has extensive contacts. The court determines the bank's residence for venue by asking whether it has capacity to sue and be sued under applicable law and whether it is subject to personal jurisdiction there.
Albert Allen leaves a class gift to his descendants without specifying shares. Upon the designated ancestor's death the court distributes the property among living class members according to the shares they would receive under applicable law of intestate succession.
Ashford Manufacturing's property is sold at a foreclosure conducted in full compliance with statutory procedures. A junior lienholder attacks the sale solely on the ground that the price was low. The court upholds the sale because the price was not grossly inadequate under applicable law.
Applicable law supplies the external standards referenced by a rule when that rule does not itself provide the complete content. For example, a federal evidence rule defines work-product protection by reference to the protection that applicable law provides for materials prepared in anticipation of litigation.
Supporting sources
A court looks to applicable law of intestate succession when a class gift to descendants or heirs does not specify distribution shares. The property is then divided among living class members in the proportions they would have received if the designated ancestor had died intestate owning the property.
Supporting sources
Applicable law supplies the external standards referenced by a rule when that rule does not itself provide the complete content. For example, a federal evidence rule defines work-product protection by reference to the protection that applicable law provides for materials prepared in anticipation of litigation.
Supporting sources