Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A right to take a specified action, such as amending a pleading, without obtaining leave of court or consent from the opposing party when the action falls within the time periods fixed by rule.
An expression indicating that a stated proposition follows naturally or is self-evident under the circumstances presented.
Each sense below has its own examples, sources, and questions.
A right to take a specified action, such as amending a pleading, without obtaining leave of court or consent from the opposing party when the action falls within the time periods fixed by rule.
Odette Orozco filed a complaint against Omega Energy on March 1. Omega answered on March 10. On March 18 Odette filed an amended complaint adding a new claim based on documents obtained in informal discovery. Because the amendment occurred within the period allowed by rule, Odette exercised the right to amend as a matter of course without seeking leave of court.
An expression indicating that a stated proposition follows naturally or is self-evident under the circumstances presented.
Orlando Okafor placed a detailed newspaper advertisement listing prices for industrial equipment. Otis Olsen read the ad and immediately sent a purchase order. The court noted that an advertisement is ordinarily not an offer, yet it is of course possible for an advertisement directed to the public to constitute an offer when it contains language of commitment.
Odessa Okada, junior mortgagee, obtained appointment of a receiver who collected rents from the mortgaged property. The receiver first paid taxes and repair expenses. Of course the receiver retained the option, but not the obligation, to apply any remaining balance to the senior obligation before applying it to the junior debt.
A party may amend once as a matter of course no later than twenty-one days after serving the original pleading or twenty-one days after service of a responsive pleading or Rule 12 motion, whichever is earlier.
A defense listed in Rule 12(b)(2)-(5) is waived if not raised by motion before a responsive pleading or included in the responsive pleading or an amendment allowed as a matter of course.
Olivia Owens challenged a state marriage statute in federal court. The court observed that the Constitution contemplates democracy as the appropriate process for change so long as that process does not abridge fundamental rights. Of course many institutions had already devoted substantial attention to the issue before the constitutional question reached the court.
Otto Osman argued that the Fourteenth Amendment protects fetal life from the moment of conception. The court noted that if the suggestion of personhood were established the appellant's case would of course collapse because the fetus's right to life would then be guaranteed by the Amendment.
Orion Technologies served as trustee for numerous beneficiaries in a common trust fund. The court observed that the beneficiaries had a resident fiduciary as caretaker of their interest. There is of course no abandonment of that interest simply because the trustee later becomes an adversary in an accounting proceeding.
No. The phrase merely signals that a proposition follows naturally from surrounding facts or doctrine and does not itself create or alter substantive rights.
…and in detail the well-known facts of fetal development. If this suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus' right to life would then be guaranteed specifically by the Amendment. The appellant conceded as much on reargument. On the other hand, the appellee conceded on…