Also known as: relations · relationship · relationships
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
An obligation, typically a debt or promise to pay, that a mortgage or other security device must secure to be valid and enforceable. The obligation may be existing or future and may be defined in the mortgage or a separate note. If the obligation is void or discharged, the security interest may be extinguished.
A doctrine that permits an amendment to a pleading to be treated as filed on the date of the original pleading when the applicable statute of limitations allows it. The amendment must arise from the same conduct, transaction, or occurrence set out in the original pleading. It also applies when the amendment changes a party and the new party received notice within the service period.
A connection between a party and an agent, employee, or prospective client that creates legal consequences such as admissible statements or duties of confidentiality. The connection must exist at the time of the relevant act or communication and concern matters within its scope. It also encompasses relationships that a judge must not allow to influence judicial conduct.
Each sense below has its own examples, sources, and questions.
An obligation, typically a debt or promise to pay, that a mortgage or other security device must secure to be valid and enforceable. The obligation may be existing or future and may be defined in the mortgage or a separate note. If the obligation is void or discharged, the security interest may be extinguished.
Select any source to read its text and confirm it supports the definition.
Ravi Reddy borrowed $400,000 from Redline Automotive to expand his dealership. The parties executed a mortgage on the dealership property that expressly secured both the initial loan and any future advances up to $150,000. When Redline later advanced an additional $75,000, the mortgage remained enforceable because the underlying obligation continued to exist. Redline could foreclose on the entire amount after default.
The mortgage is extinguished because a security device requires a valid underlying obligation. Once the debt is discharged, no enforceable obligation remains to support the lien. The mortgagee therefore loses the right to foreclose.
Supporting sources
A doctrine that permits an amendment to a pleading to be treated as filed on the date of the original pleading when the applicable statute of limitations allows it. The amendment must arise from the same conduct, transaction, or occurrence set out in the original pleading. It also applies when the amendment changes a party and the new party received notice within the service period.
Select any source to read its text and confirm it supports the definition.
Robert Rivera sued a supplier in federal court for breach of contract within the limitations period. After the period expired, Rivera amended the complaint to add a fraud claim arising from the same shipment transaction. The court allowed the amendment to relate back because the new claim arose from the identical conduct described in the original pleading. The fraud claim therefore survived the limitations defense.
Relation back occurs when the amendment satisfies the same-conduct requirement and the new party received notice within the Rule 4(m) period. The new party must also have known or should have known that the action would have been brought against it but for a mistake. These conditions prevent unfair surprise while allowing correction of misnomers.
Supporting sources
A connection between a party and an agent, employee, or prospective client that creates legal consequences such as admissible statements or duties of confidentiality. The connection must exist at the time of the relevant act or communication and concern matters within its scope. It also encompasses relationships that a judge must not allow to influence judicial conduct.
Select any source to read its text and confirm it supports the definition.
Rita Russell sued her former employer for workplace injury. She offered a statement by the safety manager, made while investigating the incident, that the floor had been wet for hours. The court admitted the statement as a party admission because the manager was an employee acting within the scope of employment at the time. The employer could not exclude the statement on hearsay grounds.
Ronald Reed struck a pedestrian while speeding and fled the scene. The victim later died from complications that would not have occurred without the initial collision. Prosecutors charged Reed with homicide because the relationship between his conduct and the death satisfied the additional causal requirements of the offense. The jury could find the required causal link even though intervening medical treatment occurred.
Ruby Rivera appeared before Judge Rowan Russell in a contract dispute. The judge's spouse owned a controlling interest in the defendant corporation. The judge recused herself because the family relationship created a risk that personal interests would influence judicial conduct. The parties received notice of the recusal before any rulings on the merits.
No. The statement must be made while the employment relationship existed and on a matter within its scope. Statements made after termination fall outside the rule and are not admissible as party admissions under 801(d)(2)(D).
Supporting sources
The relationship between conduct and result must satisfy any additional causal requirements imposed by the offense definition. Even if but-for causation exists, the actual result must fall within the actor's purpose or contemplation unless an exception applies. Failure to meet this test defeats the mental-state element.
Supporting sources
…contraception, Eisenstadt v. Baird , 405 U.S., at 453-454; id. , at 460, 463-465 (White, J., concurring in result); family relationships, Prince v. Massachusetts , 321 U.S. 158, 166 (1944); and child rearing and education, Pierce v. Society of Sisters , 268 U.S. 510, 535 (1925), Meyer v. Nebraska , supra . This right of…
…Court conclusively demonstrates the chilling effect of the Alabama libel laws on First Amendment freedoms in the area of race relations. The American Colonists were not willing, nor should we be, to take the risk that "[m]en who injure and oppress the people under their administration [and] provoke them to cry out and…
…couples and are barred from exercising a fundamental right. Especially against a long history of disapproval of their relationships, this denial works a grave and continuing harm, serving to disrespect and subordinate gays and lesbians. Pp. 18–22. (4) The right to marry is a fundamental right inherent in the liberty of…
…§ 207-1.0 (h).[^maj-11] After the Commission makes a designation, New York City’s Board of Estimate, after considering the relationship
…a system quite unlike our own. Buckland and McNair, Roman Law and Common Law , 66; Burdick, Principles of Roman Law and Their Relation
Rowan Russell met with attorney Regal Apparel to discuss a potential trademark dispute. During the meeting Russell disclosed confidential business strategies. When Regal later considered representing a competitor in a substantially related matter, the firm declined because Russell qualified as a prospective client. The information received during the consultation triggered duties of confidentiality.
A judge must recuse when a family, social, financial, or other relationship would influence judicial conduct or judgment. The rule prohibits even the appearance that such a relationship affects impartiality. Disclosure and consent by the parties may sometimes cure the issue.
Supporting sources
The lawyer must not use or reveal information learned during the consultation except as permitted with former clients. The lawyer also may not represent a client with materially adverse interests in a substantially related matter if the information could be significantly harmful. These duties exist even when no client-lawyer relationship is formed.
Supporting sources