Also known as:entertains · entertained · entertaining
Written by attorneys · grounded in primary & secondary sources — see below
A court's act of considering and proceeding to hear a case, motion, or application for relief. The decision to entertain turns on whether jurisdiction exists and no procedural bar precludes review.
Sources & Authorities
How it applies
Common Examples
6
Self-Defense Claim in Battery Suit
Ezra Eastman sues Edgar Evers for battery after a confrontation. Evers asserts self-defense and claims the force used responded to a threat of serious bodily harm. The court entertains the defense and evaluates whether the intended harm met the threshold of permanence or fatality risk.
Marriage Recognition Petition
Elise Everly and Ethan Evans, a same-sex couple married in another state, petition for recognition of their marriage. The court entertains the petition and determines whether state law must extend equal dignity to the union under constitutional principles.
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Cases
Statutes
Federal Rules
Uniform Acts
Restatements
Dictionaries
Obergefell v. Hodges576 U.S. 644 (2015)
Mandamus Action Against Official
Emmett Egan seeks a writ of mandamus to compel a federal officer to deliver a commission. The court entertains the action to decide whether the judiciary may review executive action under the Constitution.
Marbury v. Madison5 U.S. (1 Cranch) 137 (1803)
Fourth Amendment Damages Claim
Eileen Epstein files suit against federal agents for an unlawful search. The court entertains the Bivens action to determine whether a damages remedy exists directly under the Constitution for the alleged violation.
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)
Trust Accounting Proceeding
Emerald Enterprises objects to notice given to beneficiaries in a trust accounting. The court entertains the objection and assesses whether the notice satisfied due process requirements for binding absent parties.
Mullane v. Central Hanover Bank and Trust Co.339 U.S. 306, 313-314 (1950)
Abortion Regulation Challenge
Equinox Energy employees challenge a state statute restricting reproductive choices. The court entertains the constitutional claim and evaluates whether the law imposes an undue burden on protected liberty interests.
Roe v. Wade410 U.S. 113 (1973)
Common questions
Frequently Asked
4
When may a federal court decline to entertain a habeas petition?+
A court may decline to entertain a habeas application when the legality of detention has already been determined on a prior application or when the applicant has failed to seek relief by motion in the sentencing court and that remedy is not inadequate.
Does Rule 27 limit a court's power to entertain testimony perpetuation actions?+
No. The rule expressly preserves a court's independent power to entertain an action to perpetuate testimony regardless of the rule's other provisions.
Under what circumstances may a court entertain an independent action under Rule 60?+
A court may entertain an independent action to relieve a party from a judgment when the usual motion procedures are unavailable or inadequate.
May a court entertain a probate action involving foreign land?+
A court will generally refuse to entertain a possessory action or partition suit concerning foreign land when official acts in the situs state are required.
5 U.S. (1 Cranch) 137 (1803)Property
…and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.' This court has entertained jurisdiction on a mandamus in one case and on a prohibition in another. In none of these cases was the power of this court to issue a mandamus ever denied; hence there has been legislative…