Also known as:public interest · general interest · public interest doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A factor or standard reflecting the welfare or benefit of the community as a whole.
Sources & Authorities
How it applies
Common Examples
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Grand Jury Summoned for Public Need
Portia Price's company faces allegations of widespread consumer fraud affecting thousands. The district court determines that summoning a grand jury serves the public or general interest and orders sixteen qualified persons to report for service.
Lawyer Provides Modest Client Support
Paul Peterson represents an indigent client through a public interest organization. He gives the client a small sum for rent and medicine. The payment complies with the rule because the lawyer acts in furtherance of the public or general interest without seeking reimbursement.
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Cases
Statutes
Federal Rules
Model Codes
Restatements
Study Supplements
Patricia Patel's factory emits pollutants into a public river used by hikers. The state environmental agency sues for an injunction. The court weighs the public or general interest in clean water when deciding whether to grant interlocutory relief.
Contract Term Interpreted for Public Benefit
Pedro Pacheco agrees to assign future inventions to Pioneer Energy. A later invention arises after termination. The court prefers the interpretation that excludes the invention because that reading serves the public or general interest in encouraging new innovation.
Screening Allows Former Official's Firm to Proceed
Paige Porter, a former SEC supervisor, joins Prosperity Investments. The firm screens her from a related matter. The court permits the representation because disqualification would unduly impair the public or general interest in effective enforcement and lawyer mobility.
Grand Jury Term Extended for Ongoing Investigation
Pamela Phillips's case involves complex financial crimes spanning multiple states. The court finds that extending the grand jury's service beyond eighteen months advances the public or general interest and grants a six-month extension.
Common questions
Frequently Asked
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How does the public or general interest factor affect a court's decision to summon a grand jury?+
When the public or general interest so requires, the court must order that one or more grand juries be summoned. The rule ensures that serious matters affecting the community receive formal investigation even if no single victim demands action.
Does the public or general interest standard allow a public agency to seek an injunction for public nuisance without showing special injury?+
Yes. A public official or agency authorized to represent the state or a political subdivision may seek equitable relief to abate a public nuisance on behalf of the public without demonstrating harm different in kind from that suffered by the general public.
When interpreting a contract, how does the public or general interest preference operate?+
In choosing among reasonable meanings of a promise or agreement, a meaning that serves the public or general interest is generally preferred. The rule applies only to agreements that affect a public interest and rests on considerations of public policy rather than probable party intention.
May a court extend a grand jury beyond eighteen months solely because the public or general interest supports continued investigation?+
Yes. A grand jury may serve more than eighteen months only if the court determines that an extension is in the public or general interest. Any extension is limited to six months except as otherwise provided by statute.
438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)Property
…its most profitable use. The terminal is a historic landmark and the law is a valid exercise of the police power to protect the public interest in such landmarks. Pp. 135-138. Majority opinion Opinion of Justice Brennan The question presented is whether a city may, as part of a comprehensive program to preserve historic…