Also known as: publics · public interest · public domain
Written by attorneys · grounded in primary & secondary sources — see below
A quality or status pertaining to the community or government as a whole rather than to private persons or interests. The classification determines whether an objective, record, proceeding, office, premises, or confidence carries legal consequences that protect collective welfare or access.
Select any source to read its text and confirm it supports the definition.
Pamela Phillips and Pedro Pacheco agreed to block a public road to pressure a developer into paying them. The agreement targeted an objective the law treats as contrary to public welfare even though no crime was specified. A court therefore finds the agreement sufficient to support conspiracy liability.
Pilar Pena paid off her mortgage to Prosperity Investments in full. The lender recorded the satisfaction in the public records to clear title. Without that recording, subsequent buyers could not rely on the public records to confirm the lien had been released.
Pierre Poulin faced criminal charges and demanded that his trial remain open to the public. The court denied closure because the Sixth Amendment guarantees a public trial. The ruling preserved public access to the proceedings.
Piper Patel made a statement during settlement talks with a state environmental agency about a regulatory claim. The agency later sought to introduce the statement in a related criminal prosecution. Because the negotiations involved a public office exercising enforcement authority, the statement became admissible.
Phoebe Park entered a shopping mall during regular business hours intending to commit theft inside a store. Because the premises were open to the public at the time, the entry did not satisfy the burglary statute. The court therefore dismissed the burglary charge.
A judge accepted a large campaign contribution from a frequent litigant and then presided over that litigant's case. The conduct undermined public confidence in the judiciary's impartiality. A disciplinary body therefore found a violation of the applicable judicial conduct rule.
An objective qualifies when the law regards the agreed conduct as contrary to collective welfare even if the conduct itself is not criminal. The agreement need only target an unlawful objective or a lawful one pursued by unlawful means. Courts apply this standard to protect broader societal interests beyond enumerated crimes.
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Recording clears the public records so that subsequent purchasers and lenders can determine that the lien has been released. Without recording, the satisfied mortgage remains visible and may cloud title. State law therefore requires the recording step to maintain reliable public notice.
…Lee observed that the Secretary of State's duties are of two kinds and he exercises functions in two distinct capacities: as a public ministerial officer of the United States and as agent of the President. In the first capacity his duty is to the United States or its citizens; in the other his duty is to the President. In…
…129-166. (b) The constitutional question presented by the challenge to the Texas abortion laws is one of great and immediate public importance, and the Court should not decline to exercise its jurisdiction on the ground that the plaintiff may be able to obtain a declaratory judgment in state court. Pp. 129-166. 4. The…
…the late 20th century, following substantial cultural and political developments, same-sex couples began to lead more open and public lives and to establish families. This development was followed by a quite extensive discussion of the issue in both governmental and private sectors and by a shift in
…cases, minors of the Negro race, through their legal representatives, seek the aid of the courts in obtaining admission to the public
…that the question of the responsibility of a railroad for injuries caused by its servants is one of general law. . . . Where the public has made open and notorious use of a railroad right of way for a long period of time and without objection, the company owes to persons on such permissive pathway a duty of care in the…
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The amendment guarantees the accused a speedy and public trial by an impartial jury in the district where the crime occurred. Public access ensures transparency and fairness in criminal proceedings. Courts may close proceedings only when an overriding interest justifies the closure.
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Statements made during compromise negotiations with a public office are admissible in a criminal case when the negotiations concerned the office's regulatory, investigative, or enforcement authority. The exception prevents shielding conduct from criminal scrutiny simply because it arose in settlement talks. The rule balances settlement incentives against public enforcement needs.
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Entry into premises open to the public at the time does not constitute burglary even if the entrant intends to commit a crime inside. The exception recognizes that public access removes the trespassory element required for the offense. An affirmative defense also exists if the structure was abandoned.
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A judge must act at all times to promote public confidence in the independence, integrity, and impartiality of the judiciary and must avoid both impropriety and its appearance. The rule focuses on conduct that could reasonably undermine public trust. Violations can lead to disciplinary action even without actual bias.
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