Also known as: multiple
Written by attorneys · grounded in primary & secondary sources — see below
4 senses
A substantial risk that an existing party will face double, multiple, or otherwise inconsistent obligations because of an absent person's claimed interest in the subject of the action. The risk arises when the absent person's interest cannot be protected without joining that person and when the existing party would otherwise be exposed to conflicting duties or repeated litigation over the same matter.
Units of a year or divisions or multiples of a year that fix the duration of an estate for years. The estate continues for the stated period without regard to the life of any person and ends automatically at the expiration of the computable term.
Separate and distinct offenses arising from the same act or transaction that do not merge into one another. Each offense retains its own elements and supports a separate conviction and punishment even when committed in a single course of conduct.
An account payable on request to one or more of two or more parties. On the death of a party the sums on deposit belong to the surviving party or parties according to the terms of the account and the statutory rules governing survivorship.
Each sense below has its own examples, sources, and questions.
A substantial risk that an existing party will face double, multiple, or otherwise inconsistent obligations because of an absent person's claimed interest in the subject of the action. The risk arises when the absent person's interest cannot be protected without joining that person and when the existing party would otherwise be exposed to conflicting duties or repeated litigation over the same matter.
Select any source to read its text and confirm it supports the definition.
Midwest Airlines sues a parts supplier for breach of a maintenance contract. A second supplier claims an interest in the same payments under a separate agreement. The court finds that proceeding without the second supplier would leave Midwest Airlines exposed to paying the same sum twice or facing contradictory judgments from two tribunals.
Momentum Capital holds a senior mortgage and Maxwell Manufacturing holds a junior mortgage on the same commercial property. Both qualify for a receiver. The senior mortgagee prevails in the appointment because priority governs when the mortgagees cannot agree on a single receivership.
A trust holds assets for hundreds of beneficiaries scattered across several states. The trustee publishes notice of a proposed distribution in local newspapers and mails individual notice to every beneficiary whose address is known. Unknown beneficiaries receive notice by publication because personal service on every person would be cost-prohibitive.
Rule 19 requires joinder when an absent person claims an interest relating to the action and disposing of the case without that person would leave an existing party subject to a substantial risk of double, multiple, or inconsistent obligations. The court must order joinder if feasible.
Supporting sources
When multiple mortgagees seek a receiver, a senior mortgagee's request has priority over a junior mortgagee's request unless the senior mortgage lacks a rents clause or receiver authorization that the junior mortgage contains.
Supporting sources
Units of a year or divisions or multiples of a year that fix the duration of an estate for years. The estate continues for the stated period without regard to the life of any person and ends automatically at the expiration of the computable term.
Select any source to read its text and confirm it supports the definition.
Maurice Marshall leases warehouse space from Magnolia Foods for a term stated as twenty-four months beginning January 1. The lease ends automatically on December 31 of the following year because the duration is fixed in a multiple of a year.
An estate for years continues for a period fixed in units of a year or multiples or divisions of a year. The term ends automatically at the expiration of the stated computable period without regard to any life.
Supporting sources
Separate and distinct offenses arising from the same act or transaction that do not merge into one another. Each offense retains its own elements and supports a separate conviction and punishment even when committed in a single course of conduct.
Select any source to read its text and confirm it supports the definition.
Matthew Martinez sets fire to a building to conceal a theft committed inside. Prosecutors charge both arson and burglary. Each offense remains distinct at common law, so Martinez may be convicted and sentenced on both counts arising from the single transaction.
At common law, when the same act satisfies the elements of multiple felonies or multiple misdemeanors, none of the offenses merges into the others. Each offense remains legally distinct and supports a separate conviction.
Supporting sources
An account payable on request to one or more of two or more parties. On the death of a party the sums on deposit belong to the surviving party or parties according to the terms of the account and the statutory rules governing survivorship.
Select any source to read its text and confirm it supports the definition.
Mohan Malhotra and Maria Morales maintain a joint bank account with right of survivorship. When Mohan dies, the entire balance passes directly to Maria under the account terms and the probate code rule that sums on deposit belong to the surviving party.
On the death of a party, sums on deposit belong to the surviving party or parties. If the surviving parties include the decedent's spouse, the spouse takes the amount the decedent was beneficially entitled to immediately before death.
Supporting sources
…Ill. 610, 114 N. E. 2d 706 (1953); Wakat v. Harlib , 253 F. 2d 59 (C. A. 7th Cir. 1958) (defendant suffering from broken bones, multiple bruises and injuries sufficiently serious to require eight months' medical treatment after being manhandled by five policemen); Kier v. State , 213 Md. 556, 132 A. 2d 494 (1957) (police…
…its boundaries and governed by its laws. Id., at 313. Also implicit in the result was a desire to avoid the necessity for multiple litigation with its accompanying waste and possibility of inconsistent results. It seems to me that the same kind of considerations are present here supporting Florida's jurisdiction over…
…square mile. It has restricted land use to one-family dwellings excluding lodging houses, boarding houses, fraternity houses, or multiple-dwelling houses. The word “family” as used in the ordinance means, “[o]ne or more persons related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit,…
…Such standardized contracts have been described as those in which one predominant party will dictate its law to an undetermined multiple
…The parties agree that "complex and historically unprecedented changes in pricing structure made at the very same time by multiple
Due process permits notice by publication for unknown parties and by mail for known or reasonably ascertainable parties when personal service on every beneficiary would be cost-prohibitive, provided all defendants share substantially identical interests.
Supporting sources