Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in criminal procedure
A formal criminal charge prepared and filed by a prosecutor without submission to a grand jury. It serves as the charging instrument that initiates prosecution in many state systems and for federal misdemeanors.
2
constitutional duty
A communication from the President to Congress concerning the state of the Union and recommended measures.
Each sense below has its own examples, sources, and questions.
Sense 1
1
in criminal procedure
A formal criminal charge prepared and filed by a prosecutor without submission to a grand jury. It serves as the charging instrument that initiates prosecution in many state systems and for federal misdemeanors.
Examples5
Denial in Pleading Lacking Evidence
Insight Consulting files an answer denying that it breached the software contract with Imperial Motors. Counsel bases the denial on a review of available emails and server logs that show no record of the alleged delay. The firm notes that the denial rests on a lack of information rather than affirmative proof.
Request for Judicial Notice
Sense 2
2
constitutional duty
A communication from the President to Congress concerning the state of the Union and recommended measures.
Examples1
Presidential Address to Congress
President Idris Ives prepares the annual message detailing economic conditions and border security challenges. He delivers the address to a joint session and proposes new immigration legislation. Congress receives the communication as required and begins committee review of the recommended measures.
Iris Irons asks the court to take judicial notice that a particular intersection lies within the city limits. She supplies the court with an official municipal map confirming the location. The judge must accept the fact once the necessary information is provided.
Former Official Representation Conflict
After leaving the Department of Labor, Ilana Isaacs joins a firm representing a company under investigation for wage violations. She possesses confidential enforcement data about the company acquired during her government service. The firm screens her from the matter to avoid using the information to the agency's disadvantage.
Agent Disclosure Obligation
India Inoue, acting as agent for Ivy Investments, learns that a key supplier faces imminent bankruptcy. She knows her principal would want this fact to evaluate ongoing contracts. Inoue promptly reports the development to the principal.
Offer Revocation by Reliable Report
Interlink Communications offers to sell equipment to Isla Ireland. Before acceptance, Interlink sells the equipment to another buyer and Isla learns of the sale from a reliable industry contact. Her power to accept the original offer ends upon receipt of that information.
Frequently Asked2
When may a prosecutor use an information instead of an indictment?+
In the federal system an information may charge misdemeanors. Many states permit an information to initiate felony prosecutions either as an alternative to or in place of grand jury indictment.
Does the Fifth Amendment grand jury right apply to the states?+
No. The Supreme Court has held that the grand jury clause has not been incorporated against the states, leaving states free to prosecute by information.
1
What must the President include in the required communication to Congress?+
The President must periodically inform Congress of the state of the Union and may recommend measures judged necessary and expedient.
5 U.S. (1 Cranch) 137 (1803)Property
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