Also known as: leaves · leave of court · permission · leave to appeal
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Permission granted by a court or other authority to perform an act that would otherwise require approval.
Permission granted by a court or other authority to perform an act that would otherwise require approval.
A court grants leave when a party seeks permission to take an action that requires judicial approval, such as filing additional interrogatories or taking a deposition beyond the standard limits.
To cause to remain in a particular state or condition.
Luke Latham contracts to buy a building from Liberty Trust. Before closing, a fire destroys the structure. Under the majority rule, the risk of loss leaves on the buyer at contract formation, so Luke must still pay the full price.
In a contract dispute, plaintiff sues one defendant but omits a necessary party. The court finds that the omission would leave the existing defendant subject to a substantial risk of inconsistent obligations, so it orders joinder of the missing party.
To cause to remain in a particular state or condition.
Each sense below has its own examples, sources, and questions.
Lattice Systems plans to sell most of its operating divisions. The sale would leave the corporation without a significant continuing business activity, triggering the requirement for shareholder approval under the statute.
Leah Lamb permits Lance Lee to build a driveway across her land. Lee invests heavily in reliance on the permission continuing. The circumstances leave Lamb estopped from denying the existence of a servitude.
A city enacts a landmark preservation law affecting Lorenzo Lugo's building. The regulation leaves the owner with a reasonable beneficial use of the property, so no compensable taking occurs.
Levi Lowe threatens to harm Lily Lopez unless she signs a contract. The threat leaves Lopez with no reasonable alternative, making the contract voidable by her.
Under the majority rule, equitable conversion causes the risk of loss to leave the seller and pass to the buyer at contract formation.
Shareholder approval is required when the disposition would leave the corporation without a significant continuing business activity.
A contract is voidable when a party's assent is induced by an improper threat that leaves the victim with no reasonable alternative.
A regulation does not effect a taking when it leaves the owner with a reasonable beneficial use and substantially advances a legitimate public interest.
…may give original jurisdiction to the Supreme Court in other cases than those specified. But if the Constitution intended to leave it to the legislature to apportion the judicial power the subsequent clauses defining the Supreme Court's original jurisdiction would be mere surplusage. The words of the Constitution must…