Also known as:faces · on its face · facial · on the face · facial challenge
Written by attorneys · grounded in primary & secondary sources — see below
The front or inscribed surface of a document, instrument, or record, or by extension the apparent or explicit content appearing on that surface.
Sources & Authorities· 23 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Nighttime Burglary Determination
Fiona Foster entered a tenant-occupied home after sunset. Police established that natural light still allowed a passerby to discern the features on Fabian Flynn's face from the street. The court held the entry occurred outside nighttime because facial features remained visible.
Advertisement as Offer Dispute
Felipe Figueroa viewed a store circular listing prices for electronics. He claimed the listing formed an offer. The court ruled the circular was not an offer because its face contained no language of commitment inviting immediate acceptance without further negotiation.
Fatou Fall executed a document reciting it was her last will. Heirs introduced evidence the document was created only to induce a third party to act. The court admitted the evidence because the face of the instrument raised only a rebuttable presumption of testamentary intent.
Warranty Disclaimer Validity
Felicity French bought machinery under a contract stating there were no warranties beyond the description on the face hereof. The court enforced the disclaimer because the language appeared conspicuously on the face of the writing and mentioned merchantability.
Share Certificate Requirements
Fabian Flynn received a share certificate from Fusion Power. The certificate omitted required statements on its face. The court held the certificate failed to satisfy statutory minimums because essential information was absent from the face of the document.
Self-Defense Force Assessment
Fatima Flores used a weapon against an attacker. The court evaluated whether the force threatened serious bodily harm by examining the means applied and the circumstances shown on the face of the record. The analysis turned on the intended or likely consequences rather than actual injury.
Common questions
Frequently Asked
3
What does it mean for a document to be valid on its face?+
A document valid on its face appears regular and complete from its surface content without obvious defects or missing elements. Courts may still admit extrinsic evidence to show the document is a sham or lacks true intent.
How does the face of an instrument affect warranty disclaimers under the UCC?+
A disclaimer of implied warranties must be conspicuous and appear on the face of the writing. Language such as no warranties beyond the description on the face hereof satisfies the requirement when printed conspicuously.
When does nighttime for burglary turn on facial features?+
Nighttime exists when natural light prevents a person from discerning another's facial features. Visibility of facial features therefore determines whether an entry occurs during nighttime at common law.
410 U.S. 113 (1973)Constitutional Law
…Koota , 389 U. S. 241, 252-255 (1967); Dombrowski v. Pfister , 380 U. S. 479 (1965). We are not dealing with a statute that, on its face, appears to abridge free expression, an area of particular concern under Dombrowski and refined in Younger v. Harris , 401 U. S., at 50. We find it unnecessary to decide whether the…