Written by attorneys · grounded in primary & secondary sources — see below
4 senses
1
in contract law
A sample or model provided to illustrate proposed terms during preliminary negotiations or advertising. Such a specimen does not constitute an offer because the recipient has reason to know that the sender intends to require further manifestation of assent before any bargain is concluded.
2
Sense 1
1
in contract law
A sample or model provided to illustrate proposed terms during preliminary negotiations or advertising. Such a specimen does not constitute an offer because the recipient has reason to know that the sender intends to require further manifestation of assent before any bargain is concluded.
Sources & Authorities· 1 source
Select any source to read its text and confirm it supports the definition.
Restatements
Sense 2
2
in evidence law
An authenticated sample used for comparison by an expert or the trier of fact to determine whether another item is genuine.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Federal Rules
Examples
Sense 3
3
in family law
A biological sample such as blood, buccal cells, hair, or other tissue or fluid collected from an individual for genetic testing to establish parentage.
Sources & Authorities· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Sense 4
4
in commercial law
A signature sample appearing on a negotiable instrument that must be matched by a countersignature as a condition to payment.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
An authenticated sample used for comparison by an expert or the trier of fact to determine whether another item is genuine.
3
in family law
A biological sample such as blood, buccal cells, hair, or other tissue or fluid collected from an individual for genetic testing to establish parentage.
4
in commercial law
A signature sample appearing on a negotiable instrument that must be matched by a countersignature as a condition to payment.
Each sense below has its own examples, sources, and questions.
Examples1
Catalog Price List Treated as Specimen
Field Rural mailed a glossy catalog listing hybrid corn seed at $120 per bag to Elle and other farmers. The catalog stated quantities were limited and subject to confirmation with no procedure for obtaining confirmation. Elle faxed an order for forty bags believing she had accepted an offer. Field Rural refused to honor the order at the listed price. The catalog functioned only as a specimen for use in other transactions rather than an offer because Elle had reason to know further assent from Field Rural was required.
Frequently Asked1
Does a catalog or price list containing detailed terms ever constitute an offer?+
A catalog or price list is ordinarily treated as a specimen rather than an offer. The recipient has reason to know that the sender does not intend to conclude a bargain until the sender makes a further manifestation of assent. Language expressly reserving confirmation reinforces this understanding.
Supporting sources
5
Device Component Comparison in FDA Review
Medtronic submitted a premarket approval application for a balloon catheter that included samples of the device components and a specimen of the proposed labeling. The FDA reviewed the submission for over one thousand hours before granting approval. In later litigation a plaintiff sought to use the approved labeling specimen to show the device's intended uses. The comparison of the actual device against the authenticated specimen helped establish whether the product matched the approved design.
Riegel v. Medtronic, Inc.552 U.S. 312 (2008)
Random Athlete Urine Specimen Collection
A school district required student athletes to sign consent forms for drug testing. Each week names were drawn from a pool and selected students produced a urine specimen in a locker room under adult supervision. The specimen control form recorded the student's assigned number and any prescription medications. The collected specimen was then tested to determine whether the student had used banned substances.
Vernonia School District 47J v. Acton515 U.S. 646 (1995)
Labeling Specimen in Drug Application
Wyeth submitted a new drug application that contained reports of investigations and a specimen of the proposed labeling for its anti-nausea medication. The FDA reviewed the application before the drug could be distributed. A patient later claimed the labeling failed to warn adequately of certain risks. The specimen of proposed labeling submitted with the application served as the baseline for evaluating the manufacturer's disclosures.
Wyeth v. Levine555 U.S. 555 (2009)
Forensic Lab Report Specimen Comparison
A state introduced affidavits from laboratory analysts stating that a seized substance contained cocaine. The affidavits functioned as the equivalent of live testimony describing the results of testing performed on the specimen. The defendant objected that the analysts were not present for cross-examination. The comparison of the seized material against authenticated reference specimens formed part of the forensic analysis offered against the defendant.
Melendez-Diaz v. Massachusetts129 S. Ct. 2527 (2009)
Live Bait Specimen in Interstate Shipment
A Maine statute prohibited importation of live baitfish to protect native fisheries. A dealer attempted to ship a specimen shipment of golden shiners from out of state. The state seized the shipment at the border. The specimen shipment was treated as representative of the larger consignment for purposes of enforcing the ban on non-native species.
Maine v. Taylor & United States477 U.S. 131, 106 S.Ct. 2440, 91 L.Ed.2d 110 (1986)
Frequently Asked1
How does Fed. R. Evid. 901(b)(3) permit use of a specimen in authentication?+
An expert witness or the trier of fact may compare an item with an authenticated specimen to determine whether the item is genuine.
Supporting sources
Frequently Asked2
What types of biological material qualify as a specimen for genetic testing in parentage cases?+
A specimen may consist of blood, buccal cells, bone, hair, or other body tissue or fluid. The statute does not require that every individual provide the same kind of sample.
Supporting sources
When may a court order genetic testing of relatives because a specimen is unavailable from an alleged parent?+
If good cause is shown and the court finds the circumstances just, the court may order a parent, sibling, or other relative of the alleged genetic parent to submit a specimen for testing.
Supporting sources
1
What is the legal effect of a countersignature requirement on an instrument bearing a specimen signature?+
The requirement of a countersignature matching the specimen signature does not render the instrument conditional for purposes of negotiability. Failure to countersign is a defense to the issuer but does not prevent a transferee from becoming a holder.
Supporting sources
129 S. Ct. 2527 (2009)Evidence
…Though surely not always. Some forensic analyses, such as autopsies and breathalyzer tests, cannot be repeated, and the specimens used for other analyses have often been lost or degraded. [^maj-6]: Contrary to the dissent's suggestion, post , at 2555, we do not "rel[y] in such great measure" on the deficiencies of…
TortsCommon-law strict liability for abnormally dangerous activities and defenses to such claims · Common-law strict liability for abnormally dangerous activities and defenses to such claimsNEXTGENIntermediate