Also known as:draws · drew · drawn · drawing · drawings · draft · drafting
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
1
in document preparation
The preparation or drafting of a legal instrument or writing. The act requires attention to accuracy so that the resulting document correctly reflects the parties' intentions and complies with applicable formalities.
2
Sense 1
1
in document preparation
The preparation or drafting of a legal instrument or writing. The act requires attention to accuracy so that the resulting document correctly reflects the parties' intentions and complies with applicable formalities.
Examples3
Discovery Request Includes Drawings
Danielle Dixon served a Rule 34 request on Diamond Manufacturing seeking production of all technical drawings related to a disputed product design. Diamond Manufacturing responded by producing the drawings in electronic format after converting them into a usable file type. The court later reviewed whether the production satisfied the obligation to supply designated documents stored in any medium.
Judge Drafts Family Document
Sense 2
2
in evidentiary contexts
The drawing of an inference from established facts. A court or factfinder performs this step when the evidence permits a logical conclusion about an element such as intent or negligence.
Examples2
Court Assesses Inference of Negligence
Dominic Drake sued Dover Bank after a vault door fell and injured him. The evidence eliminated other causes and showed the bank controlled the premises. The trial judge decided whether the jury could reasonably infer negligence from the circumstances.
Permissive Inference From Weapon Use
Destiny Davis was charged with murder after stabbing her roommate during an argument. The prosecution introduced evidence that she intentionally used a kitchen knife capable of causing death. The jury was permitted to infer that she acted with intent to kill.
Sense 3
3
in financial contexts
The withdrawal of funds from a designated account or treasury. The action is authorized only when supported by proper appropriations or legal entitlement.
Examples1
Treasury Funds Withdrawn By Appropriation
Dustin Donovan, a federal program administrator, submitted a requisition for agency operating expenses. Congress had previously passed an appropriations act authorizing the expenditure. The Treasury released the funds only after confirming the statutory authority existed.
The drawing of an inference from established facts. A court or factfinder performs this step when the evidence permits a logical conclusion about an element such as intent or negligence.
3
in financial contexts
The withdrawal of funds from a designated account or treasury. The action is authorized only when supported by proper appropriations or legal entitlement.
Each sense below has its own examples, sources, and questions.
Judge Devon Drake reviewed a trust amendment prepared for his sister without charging a fee. He limited his involvement to editing the language and confirming it matched her instructions. The judge declined to appear in court on her behalf to avoid any appearance of practicing law.
Attorney Drafts Closing Papers
Deanna Davenport represented the seller in a residential sale. She prepared the deed, closing statement, and title affidavit to ensure the instruments accurately reflected the purchase agreement. The buyer’s title agent reviewed the documents before the funds were disbursed.
Frequently Asked2
When may a judge draft documents without violating the prohibition on practicing law?+
A judge may draft or review documents without compensation for a family member. The judge must not serve as the family member's lawyer in any forum or use the prestige of office to advance personal interests.
What documents are typically prepared during a real estate closing?+
Closing documents ordinarily include the deed, closing statement, title insurance commitment, payoff statements, affidavits, and transfer tax forms. Lawyers and title agents oversee drafting and review to ensure proper conveyance and clearance of liens.
Frequently Asked2
What determines whether a jury may draw an inference of negligence under res ipsa loquitur?+
The court first decides whether the inference may reasonably be drawn. If different conclusions could reasonably be reached, the jury then decides whether to draw the inference in the particular case.
Does the use of a deadly weapon automatically establish intent to kill?+
No. The factfinder may draw a permissive inference of intent to kill when a person intentionally uses a deadly weapon, but the inference is not mandatory.
410 U.S. 113 (1973)Constitutional Law
…394 U. S. 618, 634 (1969), Sherbert v. Verner , 374 U. S. 398, 406 (1963), and that legislative enactments must be narrowly drawn to express only the legitimate state interests at stake. Griswold v. Connecticut , 381 U. S., at 485; Aptheker v. Secretary of State , 378 U. S. 500, 508 (1964); Cantwell v.…