Also known as: on the face · facial
Written by attorneys · grounded in primary & secondary sources — see below
A quality or characteristic that appears directly from the text of a document or statute without need for extrinsic evidence or further inquiry. The phrase signals that the relevant feature is evident from the writing itself and does not depend on outside facts or later developments.
Police arrest Otis Olsen after he enters a neighbor's home at 9 p.m. on a clear summer evening. The complaint alleges the nighttime element solely by reciting the reported hour and visibility conditions. Because the charging document's facial allegations establish the element without extrinsic proof, the prosecution satisfies the requirement on its face.
Odessa Okada files a complaint alleging that Orbit Communications overbilled her for services. The complaint contains specific dates, invoice numbers, and a comparison of billed versus actual usage. Because these factual allegations make the claim of overbilling plausible from the face of the pleading alone, the court denies the motion to dismiss.
Select any source to read its text and confirm it supports the definition.
Oceanview Properties publishes a newspaper listing that states a specific house is for sale at a fixed price with no further conditions. Because the advertisement contains language of commitment on its face, a court treats the listing as an offer rather than mere invitation to negotiate.
Orla O'Malley buys a used tractor from Odyssey Logistics under a contract containing the sentence 'There are no warranties which extend beyond the description on the face hereof.' Because the disclaimer is conspicuous and mentions merchantability on its face, the implied warranty of merchantability is excluded.
Osprey Aviation issues share certificates that state the corporation's name, the number of shares, and the par value directly on the front of each certificate. Because these required statements appear on the face of the certificates, the documents satisfy the minimum content rules for share certificates.
Olivia Owens presents a document labeled 'this is my Last Will' that disposes of her entire estate. Because the document recites standard testamentary language on its face, the court begins with a rebuttable presumption of testamentary intent and allows extrinsic evidence to challenge that presumption.
The phrase requires the complaint to contain enough factual matter, taken as true, to allow a court to draw the reasonable inference that the defendant is liable. Allegations that are merely consistent with liability or that state a possible claim fall short of this standard.
Supporting sources
A court examines the statute's text itself to determine whether it is invalid in every application or in a substantial number of applications. No factual record of enforcement is needed when the constitutional defect appears from the language of the statute alone.
A warrant is fair on its face if it appears regular in form even though it may contain one or more legal defects. The officer may rely on the apparent validity shown by the document itself without investigating underlying flaws.
No. A document that appears to be a will on its face raises only a rebuttable presumption of testamentary intent. Courts admit extrinsic evidence to show that the document was executed for a non-testamentary purpose such as a sham will.
Supporting sources
…Koota , 389 U. S. 241, 252-255 (1967); Dombrowski v. Pfister , 380 U. S. 479 (1965). We are not dealing with a statute that, on its face, appears to abridge free expression, an area of particular concern under Dombrowski and refined in Younger v. Harris , 401 U. S., at 50. We find it unnecessary to decide whether the…