Also known as:favors · favored · favoring · favour
Written by attorneys · grounded in primary & secondary sources — see below
A preference or advantage granted or shown to a particular person or interest in a legal instrument, proceeding, or transaction.
Sources & Authorities· 31 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
How it applies
Common Examples
6
Defendant Seeks Witness Testimony
Fernando Farrell faces trial on robbery charges. He asks the court to issue subpoenas compelling two alibi witnesses to appear and testify on his behalf. The court grants the requests, allowing the witnesses to support his defense at trial.
Shareholder Vote Approves Merger
Ferrum Metals holds a shareholder meeting to consider a proposed merger. After a quorum is confirmed, the votes cast by shareholders supporting the merger exceed those opposing it. The merger is approved under the corporation's voting rules.
Conveyance Creates Defeasible Estate
Fumiko Fujimoto conveys land to her nephew but reserves a right of reentry if the nephew ever uses the property for commercial purposes. The conveyance creates an estate that terminates in favor of Fujimoto upon the stated event.
Long-Term Contract Supports Jurisdiction
Fusion Power, a forum-state company, enters a multi-year supply contract with an out-of-state manufacturer. The agreement includes a choice-of-law clause selecting forum law and contemplates ongoing performance inside the state. A court finds personal jurisdiction proper over the manufacturer.
Class Gift Distributed by Intestacy Rules
Frank Fisher leaves a will devising property to his descendants without specifying distribution shares. When the interest vests, the living descendants receive the property in the proportions they would have taken had Fisher died intestate owning the assets.
Rezoning Request Raises Spot-Zoning Concern
Fairfield Bank owns a single parcel surrounded by residential zoning. It petitions the city council to rezone the lot for commercial use. The council denies the request, finding that the change would constitute an invalid favor to one owner without advancing public welfare.
Common questions
Frequently Asked
6
How does the Sixth Amendment use the concept of favor?+
The Sixth Amendment grants the accused the right to compulsory process for obtaining witnesses in his favor. This ensures a defendant can compel testimony that supports his defense at trial.
Supporting sources
When does a corporate vote count as favoring an action?+
Under the Model Business Corporation Act, once a quorum exists, action is approved if votes cast favoring the matter exceed those opposing it, unless the articles require a higher threshold.
What does it mean for an estate to terminate in favor of another person?+
An estate may be created so that it ends upon a certain event and shifts to a third party other than the conveyor. This structure creates a defeasible interest subject to divestment in favor of the designated person.
Supporting sources
How does a choice-of-law clause favoring the forum affect jurisdiction analysis?+
A contractual provision selecting forum law, combined with a long-term relationship contemplating performance inside the state, supports a finding that the defendant purposefully availed itself of the forum and that jurisdiction is fair.
Supporting sources
How are shares distributed under a class gift in favor of descendants?+
When a class gift to descendants does not specify shares, the property passes to living class members in the proportions they would receive under intestacy rules if the designated ancestor had died owning the assets.
Supporting sources
When might a zoning change be viewed as an improper favor?+
A rezoning that singles out one parcel for a use inconsistent with surrounding zoning may be invalid if it lacks a substantial relation to public health, safety, or welfare and primarily benefits a particular owner without a legitimate public purpose.
Supporting sources
favoring
exhaustion are not mitigated in the slightest by the presence of a constitutional issue. See Christian, supra . To the extent that a nonconstitutional decision is possible only at the…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational