Also known as: minds · state of mind · meeting of the minds · sound mind
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The mental faculty enabling understanding, volition, and assent. It is a prerequisite for valid legal acts such as executing a will and is defeated by a disease of the mind that prevents knowledge of wrongfulness or the nature of one's actions.
A person's contemporaneous mental state, including intent, knowledge, motive, plan, or attitude. Conditions of mind may be pleaded generally while circumstances of fraud must be stated with particularity, and statements of then-existing state of mind are admissible to prove that condition.
Each sense below has its own examples, sources, and questions.
The mental faculty enabling understanding, volition, and assent. It is a prerequisite for valid legal acts such as executing a will and is defeated by a disease of the mind that prevents knowledge of wrongfulness or the nature of one's actions.
Select any source to read its text and confirm it supports the definition.
Miles Montgomery, age seventy-two, executed a will leaving his estate to his niece after reviewing its terms with counsel and answering questions about his property and beneficiaries. Medical records showed no delusions or impairment at the time of signing. Because he was of sound mind and over eighteen, the will was valid.
An individual eighteen or more years of age who is of sound mind may make a will. Sound mind requires the capacity to understand the nature of the act and the disposition being made.
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A person's contemporaneous mental state, including intent, knowledge, motive, plan, or attitude. Conditions of mind may be pleaded generally while circumstances of fraud must be stated with particularity, and statements of then-existing state of mind are admissible to prove that condition.
Select any source to read its text and confirm it supports the definition.
Ming Ma proposed to Melissa Mills that they divert client funds through altered disbursement sheets and the two shook hands on the plan. Melissa had already agreed with investigators to gather evidence and never intended to carry out the diversion. Because the parties lacked a common culpable understanding, no meeting of guilty minds occurred and no conspiracy was formed.
Mason McCarthy sued Monarch Pharmaceuticals for fraud arising from a misleading drug label. His complaint detailed the specific misrepresentations and the dates they were made but alleged the company's knowledge and intent only in general terms. The pleading satisfied Rule 9(b) because circumstances of fraud were stated with particularity while the condition of mind could be alleged generally.
Maria Morales told her sister the day before the accident that she planned to drive to the bank that afternoon to deposit a check. At trial the sister offered the statement to prove Maria's intent and location on the day in question. The statement was admissible as evidence of Maria's then-existing state of mind.
Each must specifically intend to accomplish the same criminal purpose and share a common culpable understanding regarding the objective of the agreement. A feigned agreement by one party who lacks genuine intent prevents formation of the conspiracy.
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Malice, intent, knowledge, and other conditions of a person's mind may be alleged generally. Only the circumstances constituting fraud or mistake must be stated with particularity.
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…except to save the life of the mother. There apparently was no question concerning the validity of this legislation in the minds of the legislators who enacted the Fourteenth Amendment. There is no constitutional right to an abortion. The decision to legalize abortion should be left to the people acting through…
…personal accounts of petitioners and others like them are likely a primary reason why many Americans have changed their minds about whether same-sex couples should be allowed to marry. As a matter of constitutional law, however, the sincerity of petitioners’ wishes is not relevant. When the majority turns to the…
…because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds
…violates the Equal Protection Clause of the United States Constitution. And in performing that task, it must be borne in
…however, the trust company, pursuant to the requirements of § 100-c (9), had notified by mail each person of full age and sound mind
Malcolm McKinley fenced and farmed a strip of neighboring land for fifteen years while openly treating it as his own. He never interrupted that attitude of mind by acknowledging the true owner's title or seeking permission. The use remained continuous for purposes of adverse possession.
Matrix Technologies promised a buyer that it would install upgraded software within thirty days but never intended to perform. The buyer relied on the representation and paid in advance. The false impression as to the company's state of mind constituted deception under the theft statute.
A statement of the declarant's then-existing state of mind, motive, intent, or plan is admissible to prove that condition. It is not admissible to prove a fact remembered or believed unless it relates to the validity or terms of the declarant's will.
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An adverse use is continuous when it is made without a break in the essential attitude of mind required for adverse use. Interruption occurs only when the true owner brings and pursues legal proceedings that determine the use lacks legal justification.
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No. Deception as to a person's intention to perform a promise shall not be inferred from the fact alone that the person did not subsequently perform the promise. Additional evidence of a false impression created or reinforced at the time of the promise is required.
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