Written by attorneys · grounded in primary & secondary sources — see below
An adverb indicating that the thing referred to belongs to or is associated with a previously mentioned person, thing, or matter.
Sources & Authorities
How it applies
Common Examples
6
Free Exercise Claim
Thomas Thompson, a minister, challenged a state law restricting religious gatherings. The court examined whether the statute prohibited the free exercise thereof by limiting worship services. Because the law singled out religious conduct, the claim proceeded under the constitutional protection.
Purposely Causing Result
Theo Thomas intended to damage a neighbor's fence by cutting it. The element involved the nature of his conduct or a result thereof, so the prosecutor proved he consciously sought that outcome. The jury convicted him of the property offense.
Contingent Fee Ban
Talia Torres sought representation in her divorce. The lawyer proposed a fee contingent on the amount of alimony or support, or property settlement in lieu thereof. The arrangement violated the rule against such fees in domestic relations matters.
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Estate for Years
Taliah Tang leased a storefront for exactly three years. The arrangement created an estate for years because its duration was fixed in units of a year or multiples or divisions thereof. The landlord could not terminate early without breach.
One-Year Provision
Timothy Tang orally promised to perform consulting services over eighteen months. The agreement fell within the statute of frauds as a contract that is not to be performed within one year from the making thereof. Without a signed writing the promise remained unenforceable.
Landlord Termination Right
Tamara Tan, a tenant, failed to repair the leased roof as promised. As a consequence thereof the landlord lost a significant inducement for entering the lease. After proper notice the landlord terminated the tenancy and recovered damages.
Common questions
Frequently Asked
3
How does 'thereof' function in constitutional text?+
It refers back to an antecedent noun so the clause applies to that specific item. In the First Amendment it links the free exercise protection directly to religion. The same referential use appears throughout the Constitution and statutes.
Supporting sources
Does 'thereof' change the scope of a criminal element?+
It incorporates the antecedent conduct or result into the mens rea requirement. Under the Model Penal Code the purposeful mental state must attach to the nature of the conduct or a result thereof. This ensures the defendant specifically intended the prohibited outcome.
Supporting sources
Why is 'thereof' used in ethics rules on fees?+
It extends the prohibition to any substitute payment that replaces the forbidden contingent amount. The rule bars fees contingent on alimony, support, or property settlement in lieu thereof. The phrase prevents evasion through recharacterization of the same economic benefit.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…By abortion' is meant that the life of the fetus or embryo shall be destroyed in the woman's womb or that a premature birth thereof be caused. "Art. 1192. Furnishing the means "Whoever furnishes the means for procuring an abortion knowing the purpose intended is guilty as an accomplice. "Art. 1193. Attempt at…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational