Also known as: subject-to · conditional upon · governed by
Written by attorneys · grounded in primary & secondary sources — see below
A phrase indicating that one legal obligation, right, or status is governed by, conditional upon, or liable to another specified rule, condition, or exception.
Santiago Sanchez bought a home from Stonehaven Properties under a contract requiring the seller to repair the roof before closing. At closing Santiago accepted the deed, which contained no mention of the repair obligation. When the roof later leaked, Santiago could not enforce the original promise because the contract term had merged into the deed.
Simone Sanders was born in the United States to parents who were visiting diplomats. Because her parents were not subject to the jurisdiction of the United States at the time of her birth, Simone did not acquire citizenship under the Fourteenth Amendment.
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Sentinel Security sued Sierra Solutions for breach of a security contract. A third party, Starlight Media, claimed an interest in the same contract payments. The court found that disposing of the action without Starlight Media would leave Sierra Solutions subject to a substantial risk of incurring double or inconsistent obligations.
Stephen Shaw was charged with assault. He offered evidence that the alleged victim had a reputation for violence. Subject to the limitations in Rule 412, the court allowed the evidence, after which the prosecutor offered rebuttal evidence of the defendant's own violent character.
Judge Sofia Stern presided over a trial involving parties of different ethnic backgrounds. During the proceedings the judge made remarks that manifested bias based on national origin. The judge's conduct violated the rule that a judge shall not, in the performance of judicial duties, manifest bias or prejudice toward persons subject to the judge's direction and control.
Samantha Stone retained counsel to pursue a personal-injury claim. After discovery, the defendant offered a settlement. Subject to paragraphs (c) and (d), the lawyer was required to abide by Samantha's decision whether to accept the settlement rather than decide the matter independently.
The phrase indicates that the primary rule or right yields to or is governed by the named limitation, exception, or additional requirement. In property contexts it often preserves certain claims after merger. In procedural rules it identifies when joinder or evidence rules still apply despite general limits.
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Birth in the United States confers citizenship only when the person is also subject to the jurisdiction of the United States. Children of foreign diplomats are not subject to that jurisdiction and therefore do not acquire citizenship at birth.
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The phrase identifies a required party whose absence would expose an existing party to multiple or conflicting duties arising from the same interest. The court must join that person if feasible to avoid the risk.
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…amenable to law for his conduct. The heads of departments acting as mere organs of Executive will in political matters are not subject to judicial control but where a specific duty is assigned by law and individual rights depend on performance of that duty the injured individual has a right to resort to the laws for a…