Also known as: neutral · neutrals · neutralities · neutralization · neutralizations · neutralize · neutralized · neutralizing · neutral state · neutral status
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
An impartial role assumed by a lawyer who assists parties in resolving a dispute without representing either side. The lawyer must disclose the neutral capacity to unrepresented parties and explain that no attorney-client relationship exists.
An impartial role assumed by a lawyer who assists parties in resolving a dispute without representing either side. The lawyer must disclose the neutral capacity to unrepresented parties and explain that no attorney-client relationship exists.
Norman Nash previously served as arbitrator in a contract dispute between Neptune Energy and Nile Shipping. After the arbitration ended, Neptune Energy asks Nash to represent it in a related enforcement action. Because Nash participated personally and substantially as arbitrator, the rule bars the representation absent written consent from all parties.
A quality of laws or government actions that apply without regard to race, religion, or viewpoint and do not single out any group for special burden or benefit. Neutral laws of general applicability that incidentally affect religious practice require no special exemption.
Neil Nair faces trial on drug charges. The prosecutor uses peremptory challenges to remove all Black venire members. Nair makes a prima facie showing of racial motivation. The prosecutor must then articulate a race-neutral explanation for each strike, and the court must decide whether purposeful discrimination occurred.
The status of a location or activity conducted away from the defendant's land when determining liability for harm to outsiders. Liability arises under the same conditions as if the activity occurred at a neutral place.
Nia Nkosi operates a chemical plant on her land. Emissions drift across the property line and injure a neighbor's livestock. Because the activity would create the same unreasonable risk if conducted at a neutral location, Nkosi faces liability for the physical harm caused outside her land.
A quality of laws or government actions that apply without regard to race, religion, or viewpoint and do not single out any group for special burden or benefit. Neutral laws of general applicability that incidentally affect religious practice require no special exemption.
The status of a location or activity conducted away from the defendant's land when determining liability for harm to outsiders. Liability arises under the same conditions as if the activity occurred at a neutral place.
Each sense below has its own examples, sources, and questions.
Nicholas Nunez agrees to mediate a commercial dispute between Nova Pharmaceuticals and New Horizon Media. Neither party has retained Nunez as counsel. Nunez must inform the unrepresented parties that he represents neither side and explain the difference between his neutral role and that of an advocate.
Naveen Nanda serves as mediator between two businesses. One party appears without counsel. Nanda must explain that he does not represent that party and clarify the distinction between the neutral function and the role of an attorney representing a client.
A lawyer may not represent anyone in connection with a matter in which the lawyer participated personally and substantially as an arbitrator, mediator, or other third-party neutral unless all parties give informed consent confirmed in writing.
The lawyer must inform unrepresented parties that the lawyer is not representing them and must explain the difference between the neutral role and the role of a lawyer who represents a client.
Nikhil Narayan is fired after using peyote in a religious ceremony. The state denies unemployment benefits because the conduct violates a generally applicable criminal prohibition. Because the law is neutral and generally applicable, no religious exemption is constitutionally required.
The burden shifts to the prosecutor to articulate a race-neutral explanation for the peremptory strikes. The trial court must then determine whether the defendant has proven purposeful discrimination.
No. A neutral, generally applicable law that incidentally burdens religious practices does not violate the Free Exercise Clause and requires no special religious exemption.
Liability arises when the possessor realizes or should realize that the activity involves an unreasonable risk of physical harm to others outside the land under the same conditions as if the activity were carried on at a neutral place.
…reprisal"; she had direct knowledge as an eyewitness; she was describing recent events; and she was being questioned by a "neutral" law enforcement officer. App. 76-77. The prosecution played the tape for the jury and relied on it in closing, arguing that it was "damning evidence" that "completely refutes…