Also known as: entitle · entitles · entitled · entitling · right · claim
Written by attorneys · grounded in primary & secondary sources — see below
A legally recognized interest in a government benefit that arises when positive law or regulation creates a legitimate claim of entitlement rather than a mere unilateral expectation. The interest qualifies as constitutional property under the Due Process Clause once the individual holds a present right to continued receipt of the benefit.
Select any source to read its text and confirm it supports the definition.
After years of progressive mental deterioration, Ezra Eastman experienced an episode during which he could not conform his conduct to the law because of his illness. The court determined that Ezra was entitled to an acquittal under the irresistible impulse test.
Edgewater Capital contracted to purchase land from Emerald Enterprises. Upon discovering an unreleased lien that created reasonable doubt, Edgewater Capital refused to close and claimed it was entitled to rescission because the seller had failed to tender marketable title.
Emmett Egan sued a state official for damages exceeding twenty dollars in a common-law action. The court held that Emmett was entitled to a jury trial under the Seventh Amendment and that the jury's factual findings could not be reexamined except according to common-law rules.
Ewan Eckhart requested a hearing after the court took judicial notice of a geographic fact without prior notice. The court ruled that Ewan was entitled to be heard on the propriety of the notice and the nature of the fact noticed.
Elemental Pharmaceuticals received settlement proceeds in which Esme Ellington held an interest. The firm promptly notified Esme and delivered the funds she was entitled to receive along with a full accounting.
After his lease terminated, Edgar Evers remained in possession of the premises without asserting superior title. The landlord treated Edgar as holding an estate at sufferance and sought to recover possession through proper proceedings.
An entitlement arises only when positive law or regulation creates a legitimate claim of continued receipt. A unilateral hope or abstract need does not qualify as property under the Due Process Clause.
Supporting sources
Yes. The concept applies to presently enjoyed rights. Applicants for benefits lack the protected expectancy even if they meet eligibility criteria.
Supporting sources
…is complete. A mandamus is the proper remedy to compel a Secretary of State to deliver a commission to which the party is entitled. A justice of the peace in the District of Columbia is not removable at the will of the President. At the last term, viz. December term, 1801, William Marbury, Dennis Ramsay, Robert…