Also known as:indicium · indicate · indicator · indications · signs
Written by attorneys · grounded in primary & secondary sources — see below
Signs or indications that suggest or point to a particular fact, conclusion, or legal status.
Sources & Authorities
How it applies
Common Examples
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Corroborating Hearsay Statement
Ira Irving confessed to a friend that he had hidden stolen funds in a warehouse. Prosecutors offered the statement against Ira at trial. The court examined the surrounding details, including the friend's independent knowledge of the warehouse location and Ira's later actions matching the confession, to decide whether those details supplied the required indicia supporting admission.
Memorandum Identifying Contract
Idris Ives sent Innovate Pharmaceuticals a signed email listing the drug quantities and delivery dates they had discussed. When the company later denied any agreement, Idris pointed to the email's specific terms as indicia that a contract had been formed between the parties.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Revival of Earlier Will
Ismael Ibrahim tore up his 2018 will and executed a new one in 2020. Two years later he wrote a codicil expressly referencing the 2018 document and stating his intent to restore it. The codicil's language supplied the indicia needed to revive the earlier will under the applicable revival rules.
Anonymous Tip Supporting Stop
An anonymous caller told police that Ivan Ivanov would leave his apartment at 8 a.m. carrying a backpack of narcotics and drive to a specific intersection. Officers observed the exact predicted movements. The accurate forecast of future conduct provided the indicia of reliability needed for reasonable suspicion.
Seller Seeking Contract Price
Icarus Aviation manufactured six custom aircraft for Infinity Bank under a contract the bank later repudiated. After reasonable marketing efforts failed to produce buyers at a reasonable price, the manufacturer sued for the price. The inability to resell supplied the indicia that recovery of the price was appropriate.
Selecting Charitable Purpose
Imani Idowu created a trust for charitable ends but left the precise purpose unspecified. When the trustee sought court guidance, the court reviewed the settlor's other writings and family history as indicia of intent before designating a beneficiary consistent with that intent.
Common questions
Frequently Asked
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What role do indicia play when a court evaluates the trustworthiness of a hearsay statement against penal interest?+
Courts look to surrounding circumstances and any corroborating evidence to determine whether the statement carries sufficient indicia of trustworthiness for admission in a criminal case.
How can a writing satisfy the statute of frauds requirement that it indicate a contract was made?+
The writing must contain language or details that serve as indicia that the parties reached an agreement on the subject matter described.
What indicia allow revival of a will revoked by a later instrument?+
A codicil, reexecution, or subsequent will whose terms demonstrate an intent to restore the earlier will supplies the necessary indicia of revival.
When does an anonymous tip contain enough indicia of reliability to justify a Terry stop?+
An accurate prediction of the suspect's future movements or conduct can furnish the indicia showing the caller possessed inside knowledge of criminal activity.
Under what circumstances do the facts indicate that a seller may recover the contract price for identified goods?+
Evidence that reasonable resale efforts would be unavailing supplies the indicia that recovery of the price is warranted rather than damages for nonacceptance.
How does a court use indicia when selecting a purpose for an unspecified charitable trust?+
The court examines the settlor's other statements and circumstances as indicia of intent and then chooses a purpose consistent with that intent.
5 U.S. (1 Cranch) 137 (1803)Property
…the appointment, the law contemplates delivery to the Secretary since he is directed to affix the seal after the President signs. If delivery is necessary it has been delivered when executed and given to the Secretary for sealing, recording and transmission. In letters patent certain solemnities are required by law…