Also known as: enable · enables · enabled · enabling act · enabling statute · enabling clause
Written by attorneys · grounded in primary & secondary sources — see below
An action or provision that supplies the means or authority necessary for a party to accomplish a specified legal objective.
Select any source to read its text and confirm it supports the definition.
Emmett Egan withheld several emails in response to a discovery request and prepared a log entry stating only that the documents were internal strategy communications between counsel and client. The description allowed the opposing party to evaluate the privilege claim without learning the actual content. The court found the log sufficient under the rule.
Eileen Epstein appeared before a zoning board on behalf of a client seeking an emergency variance. She learned minutes before the hearing that a key environmental report contradicted the urgency claim. Epstein disclosed the report to the board so it could decide the application with complete information.
Elise Everly purchased land subject to a recorded negative easement that prevented the neighbor from building above a certain height. The easement empowered Everly to stop any construction that would block her view. The neighbor's proposed addition was therefore blocked.
Edward Everett operated a construction site and knew trespassers frequently entered near an unstable excavation. He posted clear signs and barriers that allowed anyone nearby to avoid the danger. A trespasser who ignored the warnings could not recover for resulting injuries.
Edgar Evers called 911 while fleeing an armed assailant and described the attacker's location and weapon. The statements helped officers respond immediately to the active threat. The court admitted the statements at trial without requiring the caller to testify.
Ewan Eckhart sought maintenance after a long marriage. The court awarded support for the period needed for Eckhart to complete a nursing degree and obtain employment. Once the training ended, the obligation terminated.
An enabling provision supplies enough information for the opposing party to evaluate a privilege claim without revealing protected content. It does not require production of the withheld material itself.
Supporting sources
The lawyer must disclose all material facts, including adverse ones, so the tribunal can reach an informed decision. Selective presentation violates the duty.
Supporting sources
No. A negative easement only prevents the servient owner from performing acts that would otherwise be permitted. It does not require the servient owner to take affirmative steps.
Supporting sources
…intended is that in some classes jurisdiction is original and not appellate and in others appellate and not original. To enable this Court to issue a mandamus it must be shown to be an exercise of appellate jurisdiction or necessary to enable them to exercise appellate jurisdiction. The appellate jurisdiction…