Also known as:holds · held · holding · holdings · ruling · decision
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
1
in property law
To possess legal title to real property as trustee for the buyer after a binding contract of sale is formed. The seller retains bare legal title while the buyer acquires an equitable interest that carries the risk of loss under the majority rule.
2
in constitutional law
To occupy a public office for a fixed term. The President holds office for four years and is chosen through the electoral process set forth in the Constitution.
3
in professional responsibility
To keep funds or property belonging to a client or third person separate from the lawyer's own property. The lawyer must maintain a separate account and preserve complete records for the required period.
Each sense below has its own examples, sources, and questions.
Sense 1
1
in property law
To possess legal title to real property as trustee for the buyer after a binding contract of sale is formed. The seller retains bare legal title while the buyer acquires an equitable interest that carries the risk of loss under the majority rule.
Sources & Authorities· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Common Law
Sense 2
2
in constitutional law
To occupy a public office for a fixed term. The President holds office for four years and is chosen through the electoral process set forth in the Constitution.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Constitution
Examples
Sense 3
3
in professional responsibility
To keep funds or property belonging to a client or third person separate from the lawyer's own property. The lawyer must maintain a separate account and preserve complete records for the required period.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Holly Hayes signs a contract to buy a house from Hakeem Harris. Two weeks later a fire destroys the house. Under the majority rule the risk of loss has already passed to Holly, so she must pay the full purchase price at closing even though the improvements no longer exist.
Public Park Visitor Injured
Hannah Hughes enters a city park during daylight hours to walk her dog. The city holds the park open to the public for recreational use, so Hannah qualifies as a public invitee owed a duty of reasonable care.
Spouses Discuss Private Matters
Hector Hernandez tells his wife during their marriage that he hid assets from a prior business deal. The conversation is protected by the marital communications privilege because the spouses hold the expectation that their private talks will remain confidential.
Settlor Revokes Living Trust
Harmony Retail creates a revocable trust and later decides to terminate it. Because the trust is revocable, Harmony may revoke it without obtaining consent from the trustee or any beneficiary holding an adverse interest.
Frequently Asked1
Does the seller still hold legal title after signing a land contract?+
Yes. Under equitable conversion the seller continues to hold bare legal title as trustee for the buyer until the deed is delivered at closing.
Supporting sources
1
President Completes Four-Year Term
After winning the election, the new President takes the oath and holds the office of President for exactly four years. At the end of that term the President leaves office whether or not reelected.
Frequently Asked1
How long does the President hold office under Article II?+
The President holds office for a fixed term of four years beginning on the date the oath is taken.
Supporting sources
Examples1
Lawyer Deposits Settlement Funds
Helena Hoffman receives a settlement check on behalf of her client Hazel Hoffman. She immediately deposits the funds into her client trust account rather than her operating account and keeps detailed records of the deposit and later disbursement.
Frequently Asked1
What must a lawyer do when holding client funds?+
The lawyer must keep the funds in a separate trust account, identify them as client property, and maintain complete records for five years after the representation ends.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…on the validity of such rights. A mandamus was moved for to the Secretary at War to place a person on the pension list. The decision was not that a mandamus would not lie to the head of a department as to actions enjoined by law but that in that case the mandamus ought not to issue if the report did not confer a legal…