Written by attorneys · grounded in primary & secondary sources — see below
A title of nobility, formerly the highest in England but now the third highest, ranking between a marquis and a viscount. This title corresponds with the French comte and the German graf. Originating with the Saxons, this title is the most ancient of the English peerage.
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Federal Rules
Restatements
Dictionaries
How it applies
Common Examples
6
Noble Title in Pleading Caption
Eric Espinoza, an earl, filed a complaint against Emerald Enterprises. The caption listed his full title and the court required numbered paragraphs for each claim. The later amended pleading referred back by number to the original paragraphs describing the noble estate dispute.
Earl Challenges Voting District
Esme Ellington, holding the title of earl, sued state officials over district lines that diluted noble hereditary voting influence. The court examined whether the claim presented a justiciable controversy. The earl's status as a peer with a seat in the House of Lords factored into the standing analysis.
Eugene Ellsworth, an earl, sought to withhold documents in a federal prosecution by claiming ancient peerage protections. The court reviewed whether the title conferred any surviving evidentiary immunity. No such right was recognized under modern law.
Fisher v. United States328 U.S. 463 (1946)
Sentencing Enhancement for Earl
Enzo Eastwood, an earl, faced increased penalties after a jury found facts about his noble status. The court held that any fact raising the maximum sentence must be submitted to the jury. The earl's title alone did not alter the constitutional requirement.
Apprendi v. New Jersey530 U.S. 466 (2000)
Earl Challenges Federal Authority
Ethan Evans, an earl, argued that a federal statute exceeded congressional power by regulating local noble land use. The court assessed whether the activity substantially affected interstate commerce. The earl's hereditary rights received no special exemption from the analysis.
United States v. Morrison529 U.S. 598 (2000)
Earl Claims Firearm Right
Eileen Epstein, an earl, defended against a charge by asserting a traditional peerage right to bear arms. The court examined the historical scope of the Second Amendment. The title conferred no additional protection beyond that afforded to other citizens.
United States v. Miller307 U.S. 174
Common questions
Frequently Asked
1
What rank does an earl hold in the English peerage today?+
An earl ranks third highest, between a marquis and a viscount. The title confers nobility and a hereditary seat in the House of Lords but carries no territorial or judicial rights.
384 U.S. 436 (1966)Evidence
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