Also known as:ex converso · conversely · on the contrary
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase used to introduce a contrasting or opposite legal proposition. It signals that the stated rule or outcome applies in reverse under the inverted facts or doctrine.
Sources & Authorities· 4 primary sources
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Cases
Model Codes
Common Law
Restatements
How it applies
Common Examples
6
Warrantless Public Conversation
Enzo spoke openly on a street corner about a planned transaction while standing near a police officer. The officer overheard the details without any device. E converso, when Enzo later conducted the same discussion inside a closed office with drawn curtains, the intrusion required a warrant.
Immovable Property Choice of Law
Emma owned land in State X and sought to transfer it under the law of her domicile in State Y. The court applied the full law of State X including its choice-of-law rules. E converso, when the asset was a movable chattel, the forum applied only the local law of the state with the most significant relationship.
Elliot challenged a state ban on contraceptive counseling for married couples. The Court recognized a right of privacy not listed in the first eight amendments. E converso, when a claimed right fell outside the zone of protected liberty interests, the Ninth Amendment supplied no independent basis for invalidation.
Griswold v. Connecticut381 U.S. 479 (1965)
Commercial Speech Regulation
Esther's utility company ran advertisements promoting energy consumption. The commission banned the ads under a state energy-conservation policy. E converso, when the speech concerned truthful information about lawful activity and directly advanced a substantial interest without being more extensive than necessary, the ban failed.
Central Hudson Gas & Electric Corp. v. Public Service Commission of New York447 U.S. 557, 100 S. Ct. 2343, 65 L. Ed. 2d 341 (1980)
In-State Property Attachment
Ethan purchased land in State A from a nonresident seller. The buyer later sued the seller in State A over a related debt. E converso, when the property lay outside the forum and the defendant had no other contacts, the court lacked jurisdiction to enter a personal judgment.
Pennoyer v. Neff95 U.S. 714, 732–33 (1878)
Federal Officer Liability
Elijah's home was searched without a warrant by federal agents who destroyed property. He sued the agents directly for damages under the Constitution. E converso, when Congress had provided an alternative remedy or explicitly barred the action, the implied damages claim was unavailable.
Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971)
Common questions
Frequently Asked
3
How is e converso used in constitutional analysis?+
It introduces the opposite proposition when facts invert the original holding. In Griswold the Court used the phrase to explain that a negation in particular cases implies an affirmation in all others.
Does e converso change the substantive rule?+
No. The phrase merely signals that the stated rule applies in reverse under the inverted facts. The underlying doctrine remains the same.
When should a student use e converso on an exam?+
Use it to contrast two outcomes that turn on the presence or absence of a single element, such as privacy expectation or consent requirement.
326 U.S. 310 (1945)Civil Procedure
…U. S. 245, 255-256; International Harvester Co. v. Kentucky, supra ; cf. St. Louis S. W. R. Co. v. Alexander , 227 U. S. 218. Conversely it has been generally recognized that the casual presence of the corporate agent or even his conduct of single or isolated items of activities in a state in the corporation’s behalf are not…
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