Also known as: lies · lay · lain · lying · action lies · lies in grant
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
To make an untrue statement knowingly. The statement may support perjury liability when offered under oath.
To have legal foundation. An action or remedy lies when the facts and law support its maintenance in court.
To make an untrue statement knowingly. The statement may support perjury liability when offered under oath.
Select any source to read its text and confirm it supports the definition.
To have legal foundation. An action or remedy lies when the facts and law support its maintenance in court.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
Lily Lopez testified for the prosecution. Defense counsel cross-examined her about membership in an organization whose rules require members to lie for one another. The evidence of such expected falsehood is admissible within the trial court's discretion to show bias.
Such evidence is always relevant and admissible to show bias. The trial court retains discretion over the scope of cross-examination but may not exclude the evidence outright under the Federal Rules.
One meaning concerns false statements that may constitute perjury or bias. The other concerns whether a legal claim or remedy has sufficient foundation to proceed in court.
Supporting sources
Lamar Lewis challenged a federal excise tax on imported goods as nonuniform. The court held that an action for declaratory relief lies under Article I Section 8 because Congress possesses enumerated power to impose uniform duties.
Laura Lewis leased a residential unit from Landmark Realty. After the roof leaked repeatedly, her suit for breach of the implied repair covenant lies under the Restatement because the landlord had agreed to maintain the premises.
Lance Lee sued a state agency after a statute altered his existing contract rights. His claim lies under Article I Section 10 because the state law impaired the obligation of contracts without congressional consent.
Liam Larson challenged a state ban on contraceptive counseling. His constitutional claim lies because the right of privacy emanates from specific guarantees in the Bill of Rights as recognized in Griswold.
Luis Lopez sought a writ to compel the Secretary of State to deliver his commission. The mandamus action does not lie because the Secretary's duty is owed only to the President under the relevant statute.
An action lies when the facts satisfy an enumerated power or prohibition that creates a justiciable claim. Article I Sections 8 and 10 supply the textual foundation for such claims.
No. The obligation lies to the extent the landlord has expressly or impliedly agreed to keep the property in repair, including duties imposed by health and safety codes for residential leases.
…officer is one of 'the cases warranted by the principles and usages of law.' It is a general principle that a mandamus lies if there be no other adequate, specific, legal remedy. The writ is of extensive remedial nature and issues where the party has a right to have anything done and no other specific means of…