Also known as:modifies · modified · modifying · modification · modifications · amend · alter
Written by attorneys — see sources below.
An action by which a party or court changes the terms, scope, or application of an existing legal rule, agreement, or order.
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How its tested
Common Examples
6
Attorney Seeks New Legal Argument
Maurice Marshall filed a complaint asserting a novel theory of liability. His attorney certified that the claim rested on a nonfrivolous argument for modifying existing precedent. The court accepted the filing after finding the argument colorable.
Lawyer Advances Good-Faith Extension
Michael Miller defended a client by urging reversal of settled doctrine. Counsel presented a good-faith argument for modification of the governing rule. The tribunal permitted the defense to proceed on that basis.
Parties Agree to Contract Change
Mariam Mansour and Morgan Financial agreed to adjust payment terms after unforeseen supply shortages arose. The modification was fair and equitable given the new circumstances. The revised obligations became binding on both sides.
Madison Meyers and Midwest Airlines discussed extending their commercial lease orally. Both the original term and the proposed extension exceeded the statute-of-frauds period. The attempted modification was held invalid.
Court Rejects Veil-Piercing Request
Mohan Malhotra sought to hold an individual liable for corporate debts. Evidence showed no unity of interest or fraudulent use of the corporate form. The court refused to modify the separate-entity treatment.
Custody Order Remains Binding
Matthew Martinez obtained a custody determination in State A. The order bound all properly notified parties. A later court could modify it only to the extent permitted by the governing statute.
4 common questions
Students Frequently Ask...
What standard must an attorney satisfy to argue for modification of existing law?
The attorney must present a nonfrivolous argument for extending, modifying, or reversing existing law. Certification under the applicable rule requires a reasonable inquiry into the legal basis before filing.
Supporting sources
When is a contractual modification enforceable without new consideration?
A promise modifying a duty under a contract not fully performed on either side is binding if the modification is fair and equitable in view of circumstances not anticipated by the parties when the contract was made.
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Under what condition is an oral modification of a lease invalid?
An oral modification of a valid lease is invalid if both the original and remaining periods exceed the period specified in the controlling Statute of Frauds.
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When may a court modify a prior child-custody determination?
A child-custody determination binds all properly notified parties and is conclusive as to decided issues except to the extent the determination is modified.
Supporting sources
410 U.S. 113 (1973)
…abortion statute in 1854. Texas Laws 1854, c. 49, § 1, set forth in 3 H. Gammel, Laws of Texas 1502 (1898). This was soon modified into language that has remained substantially unchanged to the present time. See Texas Penal Code of 1857, c. 7, Arts. 531-536; G. Paschal, Laws of Texas, Arts. 2192-2197 (1866); Texas Rev.…