Written by attorneys · grounded in primary & secondary sources — see below
A Latin term meaning no one or no man. It commonly introduces maxims that impose universal limits on legal obligations or authority.
Sources & Authorities· 7 primary sources
Select any source to read its text and confirm it supports the definition.
Federal Rules
Uniform Acts
Model Codes
How it applies
Common Examples
6
Conservatorship Blocks Contract
Nathan Nguyen, recently placed under limited financial conservatorship, signed a margin agreement at a reception after several cocktails. The counterparty seeks enforcement. Because no one lacking legal capacity can incur even voidable contractual duties, the agreement is voidable at Nathan's election.
Infant Attempts Stock Purchase
Nalini Narula, a minor, executed a brokerage agreement without disclosure of her age. The firm later demands performance. No one without capacity to incur at least voidable duties can be bound, so the agreement remains voidable despite Nalini's partial understanding of its terms.
Nyah Ndlovu received only published notice of a trust accounting proceeding affecting her interest. She argues the method failed to reach her. The principle that no one can be bound without adequate notice requires the court to assess whether publication alone satisfied due process for known beneficiaries.
Mullane v. Central Hanover Bank and Trust Co.339 U.S. 306, 313-314 (1950)
State Law Applied in Diversity
Nicole Navarro sued in federal court under diversity jurisdiction for breach of a contract formed in State A. No one can invoke federal common law to displace state rules on capacity. The court therefore applies State A law to determine whether the parties possessed capacity to contract.
Erie Railroad Co. v. Tompkins304 U.S. 64, 78–80 (1938)
Minimum Contacts Dispute
Nora Nash, a resident of State B, was served in a products liability action arising from sales in State A. She contends no one can be subjected to personal jurisdiction without minimum contacts. The court evaluates whether her purposeful availment satisfies the constitutional threshold for binding her to the forum's judgment.
International Shoe Co. v. Washington326 U.S. 310, 316 (1945)
Pleading Sufficiency Tested
Natasha Nielsen filed an antitrust complaint alleging parallel conduct but no direct agreement. The defendant moves to dismiss. No one can survive dismissal on conclusory allegations alone. The court requires plausible facts showing an actual agreement rather than mere parallel behavior.
Bell Atlantic Corp. v. Twombly550 U.S. 544, 556, 127 S.Ct. 1955, 167 L. Ed. 2d 929 (2007)
Common questions
Frequently Asked
3
What does the Latin term nemo mean in legal writing?+
It means no one or no man and introduces maxims that state universal legal limits.
How does nemo appear in contract capacity rules?+
The Restatement begins its capacity provision with the principle that no one lacking legal capacity can be bound by contract, even to voidable duties.
Does nemo apply only to contracts?+
No. The term introduces maxims across doctrines, including due process notice requirements and jurisdictional limits that bind no one without proper process.
376 U.S. 254 (1964)Remedies
…Cong., 1st Sess. (1840). Calhoun, reporting to the Senate on February 4, 1836, assumed that its invalidity was a matter "which no one now doubts." Report with Senate bill No. 122, 24th Cong., 1st Sess., p. 3. Jefferson, as President, pardoned those who had been convicted and sentenced under the Act and remitted their…