Also known as:assesses · assessed · assessing · assessment · assessments · assessor · assessors · valuation · tax
Written by attorneys · grounded in primary & secondary sources — see below
An evaluation or determination of the nature, value, or suitability of a thing or situation.
Sources & Authorities
How it applies
Common Examples
6
Privilege Log Description
Abigail Alvarez withholds internal emails in a contract dispute. Her counsel prepares a log that states the date, sender, recipient, and general subject without disclosing contents. The opposing party uses the descriptions to evaluate whether the privilege claim holds. The court finds the log sufficient under the rule.
Client Intake Evaluation
Adrian Aguilar seeks representation in a personal injury matter. The lawyer reviews the facts, the potential conflict with an existing client, and the lawyer's own schedule. After the review the lawyer declines the matter because continued representation would violate ethical rules.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Ava Adebayo sues Argonaut Shipping after a tanker spill caused by reckless indifference. The jury hears evidence of the company's profits and the deliberate nature of the conduct. It awards punitive damages after weighing the character of the act and the harm intended.
Vexatious Modification Fee
Alfred Ashford files repeated custody modification petitions against Ariana Azizi. The court finds each filing constitutes harassment. It orders Ashford to pay Azizi's attorney's fees and costs.
Closing Document Review
Azure Solutions sells waterfront property to Arcadia Retail. Counsel examines the deed, title commitment, and lien releases for accuracy and completeness. The parties close only after confirming that all encumbrances are addressed.
Constitutional Tax Limit
Congress considers a per-person duty on imported goods. The proposed amount exceeds the constitutional ceiling. Lawmakers reduce the duty to comply with the ten-dollar cap before enactment.
Common questions
Frequently Asked
4
How does a party satisfy the duty to describe withheld materials in discovery?+
A party must describe the nature of the documents or communications without revealing privileged information so that the opposing side can evaluate the claim. The description must be detailed enough to permit assessment yet protect the underlying privilege.
Supporting sources
When must a lawyer evaluate whether to accept or continue a representation?+
A lawyer must inquire into and evaluate the facts and circumstances of each matter before accepting it and must reassess when new information arises. Withdrawal is required if continued representation would violate the rules or the lawyer's capacity is impaired.
Supporting sources
What factors does a jury consider when determining punitive damages?+
The trier of fact may consider the character of the defendant's act, the nature and extent of the harm caused or intended, and the defendant's wealth. These factors guide the amount needed to punish and deter outrageous conduct.
Supporting sources
When are attorney's fees assessed against a party seeking custody modification?+
Fees and costs are assessed against the moving party when the court finds that the modification action is vexatious and constitutes harassment. The rule deters repeated, baseless filings that burden the other parent.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…need not stand or fall on acceptance of the belief that life begins at conception or at some other point prior to live birth. In assessing the State's interest, recognition may be given to the less rigid claim that as long as at least potential life is involved, the State may assert interests beyond the protection of the…