Also known as:simpler · simplest · simply · plain · unqualified
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
1
criminal law
A crime not accompanied by aggravating circumstances.
2
property law
An estate in land heritable by the owner's heirs with no conditions concerning tail.
3
contract law
A contract not made under seal.
Each sense below has its own examples, sources, and questions.
Sense 1
1
criminal law
A crime not accompanied by aggravating circumstances.
Examples1
Expert Testimony Ruling
Samuel Soto offered an expert opinion linking a product defect to an injury. The trial court excluded the testimony because the data did not support the conclusion, and the appellate court reviewed that decision only for abuse of discretion.
Frequently Asked
Sense 2
2
property law
An estate in land heritable by the owner's heirs with no conditions concerning tail.
Examples1
Conveyance of Land
Sarah Sullivan received a deed conveying land to her and her heirs forever. The estate passed as fee simple because the conveyance contained no special limitation or condition subsequent.
Frequently Asked
Sense 3
3
contract law
A contract not made under seal.
Examples4
Removal Notice Filing
Spencer Silver filed a notice of removal in federal court after receiving the state court complaint. The notice included a short and plain statement of the grounds along with all served process. The court accepted the filing because it satisfied the statutory requirements for removal.
Premarital Agreement Review
Sean Steele signed a premarital agreement without independent counsel. The agreement lacked any plain-language explanation of waived marital rights. A court later refused to enforce the agreement against him.
What distinguishes simple assault from aggravated assault?+
Simple assault lacks any aggravating circumstances such as the use of a deadly weapon or intent to cause serious injury. The Model Penal Code treats it as a misdemeanor unless the fight was mutual, in which case it becomes a petty misdemeanor.
1
How does a fee simple estate differ from a fee simple defeasible?+
A fee simple estate passes to the owner's heirs without restriction. A fee simple defeasible remains subject to a special limitation, condition subsequent, or executory limitation that may cause the estate to end or shift to another party.
Solicitation Charge
Samantha Stone told a friend she approved of committing theft but did nothing more. Prosecutors charged solicitation, yet the court dismissed the case because mere simple agreement does not meet the specific-intent requirement.
Used Goods Sale
Seth Shapiro bought a used machine from Sterling Manufacturing under a contract stating the goods were sold as is. The buyer later discovered defects, but the court held that the as-is language excluded all implied warranties.
Frequently Asked1
When is a contract considered simple rather than formal?+
A contract is simple when it is formed without a seal. Courts historically treated sealed contracts as formal instruments carrying different legal consequences from ordinary simple contracts.
5 U.S. (1 Cranch) 137 (1803)Property
…office for five years; (2) having this legal title he has a consequent right to the commission and a refusal to deliver it is a plain violation of that right for which the laws afford him a remedy. Third, is he entitled to the remedy for which he applies? This depends on the nature of the writ applied for and the power…