Also known as: presently · at present
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase denoting that a legal act, interest, or condition exists or takes effect at the present time rather than in the future. It requires an immediate intention or operation without deferral to a later date. Courts apply the phrase to test whether delivery, agreement, or residence has occurred now so that rights vest or jurisdiction shifts without waiting.
Odell moved with Uriah to State C two years earlier while Paula made only periodic work stops in State A. When Odell petitioned in State C to modify the decree, the court examined whether the child, parents, and any person acting as a parent do not presently reside in State A. Because no party maintained a current residence there, exclusive continuing jurisdiction ended and modification authority passed elsewhere.
Ivan Ivanov swung a metal pipe at Idina Iverson during an argument. Idina responded by striking Ivan once with a bat. The court measured whether the bat was intended or likely to cause serious bodily harm at the moment of use. Because the swing created only a risk of lesser injury under the circumstances, the privilege of self-defense applied without escalation to deadly force analysis.
Select any source to read its text and confirm it supports the definition.
Imran Iyer held authority under the trust terms to direct the trustee to distribute up to thirty percent of principal each year. The power required no future event or third-party consent beyond the trustee's ministerial role. Because the power was presently exercisable without an ascertainable standard limitation, it qualified as a general power of appointment under the code definition.
After the family relocated, the State C court considered whether it could modify the original State A custody decree. The statute required a determination that the child, parents, and any person acting as a parent do not presently reside in the other state. With all parties now living outside State A, the court found the condition satisfied and proceeded to initial-jurisdiction analysis.
State X enacted a three-year statute extending mortgage redemption periods after a housing crash. National Servicing Corp. argued the law impaired its existing servicing contracts. The court assessed whether the impairment operated in praesenti by immediately altering enforcement rights rather than only at some future foreclosure. Because the extension took effect at once on all covered loans, the Contract Clause claim was ripe for review.
The agency issued a rule interpreting a statute without first adopting the interpretation through notice-and-comment procedures. Challengers contended the interpretation lacked present legal force because it had not yet been tested in adjudication. The court examined whether the agency action created immediate obligations or merely announced a future enforcement position.
In praesenti requires an immediate intention to divest title upon delivery of the deed. In futuro defers the transfer until a later event occurs. Courts examine the grantor's words and actions at the time of delivery to decide which label applies.
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Both parties must demonstrate a present agreement to be married at the time they begin cohabiting. Continuous cohabitation and public holding out as spouses supply corroboration. The agreement cannot be merely a promise to marry in the future.
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The power must allow the holder to direct distribution of principal immediately without waiting for a future condition or event. Consent requirements or ascertainable standards may remove the power from the definition. The code focuses on whether the holder can act now.
A court loses exclusive continuing jurisdiction once it or another court determines that the child, parents, and any person acting as a parent do not presently reside in the original state. The statute measures residence at the time of the modification request. Periodic visits alone do not preserve jurisdiction if no party maintains a current home there.
…admit patients promptly if unforeseen complications develop." Standards for an abortion facility were listed. It was said that at present abortions should be performed by physicians or osteopaths who are licensed to practice and who have "adequate training." Id. , at 398. 8. The position of the American Bar Association.…