Also known as: domestics · domesticus
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
Pertaining to matters or relationships arising inside a household or family.
Pertaining to effects, regulations, or legal consequences arising inside a nation rather than abroad.
Of or relating to animals kept for human service or companionship.
Each sense below has its own examples, sources, and questions.
Pertaining to matters or relationships arising inside a household or family.
Select any source to read its text and confirm it supports the definition.
Judge Ramirez learns that her domestic partner owns shares in a company that is a defendant in a pending contract dispute. The judge immediately discloses the interest and recuses herself from the case. The disclosure prevents any appearance of partiality arising from the household relationship.
Attorney Lopez agrees to represent Denise Donovan in her divorce and accepts a fee payable only if she obtains a favorable property settlement. The arrangement violates the prohibition on contingent fees in domestic relations matters. Lopez must instead charge an hourly or fixed fee for the representation.
A judge must keep informed about the personal economic interests of the judge's spouse or domestic partner and minor children residing in the household. When the judge learns that a domestic partner holds an economic interest in a party or the subject matter, recusal is required under the rule addressing known household interests.
Supporting sources
The prohibition prevents a lawyer from acquiring a financial stake in the outcome of divorce, alimony, or property division. This protects clients from undue pressure to settle or litigate in ways that maximize the lawyer's fee rather than the client's best interests.
Pertaining to effects, regulations, or legal consequences arising inside a nation rather than abroad.
Select any source to read its text and confirm it supports the definition.
A criminal defendant seeks to enforce a treaty provision in state court after the President issues a memorandum directing compliance. Because Congress never enacted legislation giving the treaty domestic effect, the state court refuses to reopen the case. The memorandum alone cannot create enforceable rights in domestic proceedings.
Dakota Industries contracts to deliver goods by a route that a new federal safety order suddenly closes. The order makes the agreed performance impracticable. The regulation qualifies as an event whose non-occurrence was a basic assumption of the contract, discharging the remaining duties.
Diamond Manufacturing agrees to accept payment in a foreign currency that a new domestic banking regulation prohibits. The buyer offers an alternative method of payment that is commercially equivalent. The seller must accept the substitute or stop delivery only if the regulation itself is discriminatory.
It acquires domestic legal effect only after Congress enacts implementing legislation. A presidential memorandum directing state courts to comply cannot substitute for that legislation.
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The regulation is treated as an event the non-occurrence of which was a basic assumption of the contract. Compliance with the regulation therefore discharges the duty if performance as agreed has become impracticable.
Supporting sources
Of or relating to animals kept for human service or companionship.
Select any source to read its text and confirm it supports the definition.
Dominic Drake keeps a large dog on his property that has previously lunged at visitors. Drake knows of the dog's abnormal aggression. When the dog escapes and injures a passing pedestrian, Drake faces liability even though he took precautions to secure the animal.
No. Liability attaches even when the possessor has exercised the utmost care to prevent the harm. The rule focuses on the known abnormal propensity rather than negligence in containment.
Supporting sources
…but having that valid marriage denied in another is one of “the most perplexing and distressing complication[s]” in the law of domestic relations. Williams v. North Carolina , 317 U.S. 287, 299 (1942) (internal quotation marks omitted). Leaving the current state of affairs in place would maintain and promote instability…
…to make it appropriate to require the investor to study the ramifications of his decision. But a purchase of securities in the domestic market is an entirely different matter. One who purchases shares of stock on the open market can hardly be expected to know that he has thereby become subject to suit in a forum remote…
…Committee report stated: " Juvenile delinquent' is now a term of disapproval. The judges of the Children's Court and the Domestic Relations Court of course are aware of this and also aware that government officials and private employers often learn of an adjudication of delinquency." N. Y. Jt. Legislative Committee on…
…battering is usually not reported until it reaches life-threatening proportions) the actual number of families affected by domestic
…not avoid their statutory obligations by noting that their regulations will have only a small incremental effect. A reduction in
Supporting sources
The buyer must tender a commercially substantial equivalent means of payment. If delivery has already occurred, payment by the means required by the regulation discharges the obligation unless the regulation is discriminatory or oppressive.
Supporting sources