Written by attorneys · grounded in primary & secondary sources — see below
A numbered subdivision of a statute, regulation, or other legal instrument that sets forth a distinct rule or provision.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Landlord Repair Obligation
Sebastian Santos leased an apartment from Sapphire Holdings. The landlord failed to maintain common areas under its control, rendering the unit unsuitable for residential use. After Sebastian requested repairs, Sapphire Holdings did not act within a reasonable time. Sebastian Santos may pursue the remedies available under the governing provision.
Custody Determination Binding Effect
Stella Shapiro obtained a child-custody order from a court with jurisdiction under the Act. Sean Steele, who was properly served and given an opportunity to be heard, later sought to relitigate the same issues in another proceeding. The prior determination conclusively resolved the decided questions of law and fact. Sean Steele remains bound by the order unless it is modified.
Sasha Stone owned a parcel of land as individual property before marriage. The land increased in value during the marriage solely through market forces. Sasha Stone's spouse claimed a share of the appreciation as marital property. The appreciation remains individual property of Sasha Stone.
Post-Dissolution Partnership Act
Synergy Systems dissolved its partnership. A former partner entered a transaction with Spectrum Financial without notice of the dissolution. The transaction would have bound the partnership before dissolution. Synergy Systems remains bound by the act.
Justifiable Use of Force Request
Seth Shapiro discovered an intruder interfering with his property. Seth believed requesting the intruder to stop would expose him to serious bodily harm. Seth used force without first requesting the intruder to desist. The use of force is justifiable under the applicable provision.
Issue-by-Issue Choice of Law
Skylar Sullivan sued over the transfer of land interests in another state. The court applied its own procedural rules to pleadings and joinder while selecting foreign law for capacity to transfer. Each issue received separate consideration under the governing approach. The selective choice of law resolved the dispute.
Common questions
Frequently Asked
3
What does a section contain in a statute or restatement?+
A section contains a distinct rule or provision that addresses a specific legal issue or obligation. Courts and parties rely on the text of the section to determine rights and duties in a given dispute.
Supporting sources
How does one locate the applicable section when multiple provisions appear in the same act?+
A researcher identifies the section by its number and any subsections that directly address the facts at issue. The section number guides precise citation and application of the controlling rule.
Supporting sources
Can a single section incorporate cross-references to other sections?+
Yes. A section may expressly refer to remedies or standards stated in another section, requiring the reader to consult both provisions together to determine the full scope of rights or obligations.
5 U.S. (1 Cranch) 137 (1803)Property
…acts of appointing and commissioning can scarcely be considered identical since the power to perform them is given in separate sections of the Constitution and Congress may provide that appointment of inferior officers be vested in others, in which case issuing a commission might be a distinct duty. In this case the…
ContractsFormation of contracts · Mutual assent (including offer and acceptance, and unilateral, bilateral, and implied-in-fact contracts)UBEIntermediate