Written by attorneys · grounded in primary & secondary sources — see below
The essential character or qualities of a person, thing, action, or circumstance. In legal rules the term identifies the core attributes that determine whether an element is satisfied or a doctrine applies.
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Nathaniel Newman, charged with arson, presents evidence that a disease of the mind prevented him from grasping the essential character of setting fire to a building. The court examines whether he understood the nature and quality of his actions at the time of the offense. Because the evidence shows he lacked that understanding, the jury returns an acquittal under the traditional test.
Nalini Narula sells land to Nile Shipping and promises in the contract to build a boundary fence. After closing the deed contains no mention of the fence. The court reviews the parties' intent and the essential character of the fence promise to decide whether it merged into the deed or survives as an independent obligation.
Nikhil Narayan is indicted for wire fraud. The charging document must inform him of the essential character and cause of the accusation so he can prepare a defense. The court confirms that the indictment supplies sufficient detail about the nature of the alleged scheme.
Nancy Nelson and other investors sue Nova Pharmaceuticals alleging misleading statements. The court weighs the extent and essential character of already pending individual suits by class members when deciding whether a class action is the superior method for resolving the controversy.
Norman Nash requests a hearing after the court takes judicial notice of a scientific fact in his contract case. The court must allow argument on both the propriety of notice and the essential character of the fact to be noticed before the jury receives the instruction.
Noelle North is charged with arson. The prosecution must prove that her conscious object was to engage in conduct of the essential character that constitutes arson or to cause the prohibited result. The jury finds the required purpose established by her statements and actions.
The court examines whether the defendant grasped the essential physical character of the conduct and its ordinary consequences. Evidence of a disease of the mind that prevented that understanding supports acquittal.
A court looks at the parties' intent and whether the promise is independent of the conveyance. Promises such as building a fence or restricting use of adjacent land often retain their essential character as separate obligations.
…the seal to all civil commissions after they have been signed by the President. Many duties assigned by this act are of a public nature and the Secretary is bound to perform them without the control of any person. While the Secretary remains in office the President cannot take from his custody the seal of the United States…
…Majority opinion Opinion of Blackmun, J. We forthwith acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires. One's philosophy, one's…
…the state legislatures had in mind cannot be determined with any degree of certainty. An additional reason for the inconclusive nature
…fiduciary accounts have been sometimes termed in rem , or more indefinitely quasi in rem , or more vaguely still, "in the nature
…to third parties, but we need not decide whether a lower standard exists because we are satisfied relevance and evidentiary nature
The indictment must state the essential character and cause of the charge with enough specificity for the defendant to prepare a defense and plead double jeopardy.
The court evaluates the extent and essential character of already begun suits to decide whether a class action would be superior or would duplicate or interfere with existing proceedings.
A party may address both the propriety of taking notice and the essential character of the fact to be noticed, ensuring the noticed fact is accurately described before the jury receives it.
A person acts purposely when it is his conscious object to engage in conduct of that essential character or to cause the prohibited result.