Also known as: interruptio
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An event that prevents completion of a criminal offense. Under the common law proximity test for attempt liability, the defendant's acts must come so near success that the crime would have occurred but for the interruption.
An event that prevents completion of a criminal offense. Under the common law proximity test for attempt liability, the defendant's acts must come so near success that the crime would have occurred but for the interruption.
Select any source to read its text and confirm it supports the definition.
A break in continuous possession or use of land. Prescription creates a servitude only when the use remains open and notorious and continues without effective interruption throughout the prescriptive period.
Select any source to read its text and confirm it supports the definition.
A break in continuous possession or use of land. Prescription creates a servitude only when the use remains open and notorious and continues without effective interruption throughout the prescriptive period.
Each sense below has its own examples, sources, and questions.
Ilana Isaacs drove to the parking lot outside the bank she planned to rob and checked her loaded gun. She then walked toward the entrance but was arrested when officers spotted the weapon. The interruption kept her from entering the building or demanding money, so her conduct did not satisfy the proximity test for attempt.
Ingrid Innes testified before a grand jury investigating corporate records. Defense counsel moved to suppress evidence and the hearing halted the questioning for several days. The interruption forced the government to reschedule witnesses and slowed the overall pace of the investigation.
Ira Irving offered evidence on whether a worker qualified as a statutory employee. The judge interrupted counsel mid-sentence to question opposing counsel and then ruled the issue was one of law. The interruption prevented completion of the factual presentation to the jury.
Iris Irons challenged a zoning order affecting her family home. She bypassed the local board and sued directly in court. The interruption of required administrative steps left the record incomplete and prevented the agency from applying its expertise before judicial review.
Insight Consulting operated steel mills seized by federal order. Company officers immediately sought an injunction. The interruption of normal production and management continued while the Supreme Court considered whether the seizure exceeded executive power.
An interruption prevents the crime from occurring even though the defendant's acts came close to completion. If the interruption stops the final steps, the conduct remains mere preparation and does not constitute attempt.
Supporting sources
Isaiah Ishikawa crossed a neighbor's field daily for fifteen years to reach the highway. The owner then erected a locked gate and posted no-trespassing signs, blocking access for more than a year. Because the interruption broke the required continuity, Isaiah could not tack the earlier use to claim a prescriptive servitude.
Any action that breaks the continuity of open and notorious use for a significant period qualifies. The owner may interrupt by physical barriers, legal action, or acknowledgment that ends the claimant's uninterrupted possession.
Supporting sources
No. An effective interruption resets the clock. Tacking is allowed only when successive users transfer the inchoate servitude without any break in the required continuity.
Supporting sources
Only an effective interruption that is more than trivial breaks the period. Minor or temporary gaps may not count if the use otherwise remains continuous and notorious throughout the statutory term.
Supporting sources
…machinery to sift the facts and compile a complete record for the benefit of any reviewing courts. Exhaustion avoids interruption of the administrative process and allows application of an agency's specialized experience and the broad discretion granted to local entities, such as zoning boards. Indeed, judicial review…