Also known as: necessarily · needful
Written by attorneys · grounded in primary & secondary sources — see below
A condition or action that must be satisfied for a legal process, obligation, or outcome to take effect or remain valid. The requirement ensures that formal steps are completed or that supporting facts are supplied before rights attach or liabilities are discharged.
Natasha Nielsen pays the final installment on her home loan to Nordic Ventures. She then records the satisfaction document in the county land records. Until that recording occurs, the mortgage lien remains visible on the public title and prevents a clean sale to a third party.
Congress passes a joint resolution directing the Treasury to issue new bonds. The measure cannot become effective until both houses approve it and the President either signs it or Congress overrides a veto. Without that presentment step the resolution has no legal force.
Select any source to read its text and confirm it supports the definition.
Nalini Narula serves a Rule 34 request on Neptune Energy for internal spreadsheets stored in a proprietary format. Neptune must produce the files in a readable form. If the native format is unreadable, Neptune must translate the data into a usable version before production is complete.
Nathan Nguyen asks the court to take judicial notice of the official distance between two city intersections listed in a government gazetteer. He supplies the court with the published table. Once the court receives that information, it must recognize the distance as an adjudicative fact.
Noreen Nguyen accepts a complex commercial arbitration matter. She researches the governing rules, assembles the necessary exhibits, and prepares witness outlines before the hearing. Without that preparation she cannot deliver the thorough representation the client is entitled to receive.
Northern Manufacturing contracts to sell a unique prototype machine to Nightingale Healthcare. Before delivery the prototype is destroyed in a fire. Because the contract called for that exact machine, the destruction discharges the seller's duty to perform.
Recording is required to remove the lien from the public title records so that subsequent purchasers or lenders can rely on a clean chain of title. Without the recording the mortgage continues to appear as an encumbrance even after the debt is paid.
Supporting sources
The court must be supplied with sufficient reliable sources, such as official publications or undisputed facts, so that the noticed fact is not subject to reasonable dispute. Once that threshold is met the court is required to recognize the fact.
Supporting sources
Competent representation requires the lawyer to acquire the knowledge and skill needed for the particular matter and to prepare adequately before performing the work. Failure to do so exposes the lawyer to discipline and the client to harm.
Supporting sources
…the President by and with the advice and consent of the Senate and was evidenced by the commission itself. The commission is not necessarily the appointment though it is conclusive evidence of it. The appointment must be completely evidenced when it is shown the President has done everything to be performed by him; the last act…