Also known as:forms · formbook · formbooks · legal form · form book
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
An established template or model for preparing legal documents, consisting of fixed language with spaces for variable information to be inserted by the user.
2
The outer shape or structure of a legal entity or instrument as distinguished from its underlying substance or content.
Sense 1
1
Sense 1
An established template or model for preparing legal documents, consisting of fixed language with spaces for variable information to be inserted by the user.
Examples4
Burglary Intent Timing
Fabian Flynn entered a tenant-occupied apartment at night to retrieve his own forgotten property. Only after stepping inside did he decide to take the tenant's laptop computer. Because Flynn formed the intent to commit a felony only after entry, the prosecution cannot establish burglary.
Character Evidence Method
Fumiko Fujimoto offered testimony from a neighbor that the defendant enjoys a reputation for honesty in the community. On cross-examination the prosecutor asked the neighbor about a prior incident in which the defendant had falsified an expense report. The court permitted the inquiry into that specific instance of conduct.
Sense 2
2
Sense 2
The outer shape or structure of a legal entity or instrument as distinguished from its underlying substance or content.
Examples2
Corporate Veil Analysis
Farah Fox incorporated Franklin Foundry with minimal capital and used it solely to shield personal assets while ignoring corporate formalities. When a creditor obtained a judgment against the corporation, the court disregarded the corporate form and allowed recovery from Fox personally.
Merger of Offenses
Faith Fitzgerald was charged with both conspiracy to commit arson and the completed arson. Because the conspiracy charge consisted only of preparation to commit the arson, the court could not convict her of both offenses.
Each sense below has its own examples, sources, and questions.
Supplemental Jurisdiction Scope
Flagship Logistics sued in federal court under a federal statute and added a state-law indemnity claim against a third-party defendant. The indemnity claim arose from the same shipment transaction that gave rise to the federal claim. The district court therefore exercised supplemental jurisdiction over the indemnity claim.
Partnership Formation Test
Felipe Figueroa and Faye Fuller agreed to share profits from a joint catering venture and to make all major decisions together. Even though they never signed a formal partnership agreement, their association to carry on the business as co-owners for profit formed a partnership under the statute.
Frequently Asked3
When may a party prove character by reputation or opinion testimony?+
When evidence of a person's character or character trait is admissible, it may be proved by testimony about reputation or by testimony in the form of an opinion. Specific instances of conduct may be inquired into on cross-examination of the character witness.
What claims qualify for supplemental jurisdiction under 28 U.S.C. § 1367(a)?+
Supplemental jurisdiction extends to all other claims so related to claims within the district court's original jurisdiction that they form part of the same case or controversy under Article III. This includes claims involving joinder or intervention of additional parties.
Does intent to form a partnership matter under the Uniform Partnership Act?+
The association of two or more persons to carry on as co-owners a business for profit forms a partnership whether or not the persons intend to form a partnership.
Frequently Asked1
What distinguishes defects in form from defects in substance?+
Courts generally treat defects in form as less serious than defects in substance. A defect in form concerns the outer structure or presentation of a document, while a defect in substance goes to the underlying legal content or rights asserted.
5 U.S. (1 Cranch) 137 (1803)Property
…as to law or fact. The writ of mandamus is in the nature of an appeal as to fact as well as law. Congress may prescribe the forms of process by which the Supreme Court shall exercise its appellate jurisdiction and may declare a mandamus to be one. The power does not depend on implication alone; it has been recognized…