Written by attorneys · grounded in primary & secondary sources — see below
An adverb used in Latin legal maxims to identify the location where a right or duty arises.
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
Property Taken From Adjacent Room
Usha Upton hid her wallet in the bedroom while standing in the living room. Uriah Urban entered the bedroom and took the wallet. The taking satisfies the presence element because the property was reasonably close to Usha.
Mortgagor Redeems After Sale
Ursula Ureña lost her home at foreclosure. Within the statutory period she paid the sale price plus interest and costs. The redemption right allows her to recover title even though the purchaser took subject to that right.
Jury Trial In Common Law Suit
Ulric Unger sued for damages exceeding twenty dollars on a common law claim. The court preserved his right to a jury trial and refused to re-examine the jury's factual findings except under common law rules.
Umar Usmani was arrested without a warrant. Officers promptly filed a complaint showing probable cause in the district where the offense occurred.
Qualified Directors Approve Transaction
Union Steel's board committee of qualified directors deliberated outside the presence of interested parties and approved a conflicting interest transaction by the required majority vote.
Client Funds Held In Separate Account
Uriel Urban deposited client settlement funds into a trust account maintained in the state where his office is located and kept complete records for five years after the representation ended.
Common questions
Frequently Asked
1
What does the presence requirement mean for robbery?+
Property taken from another room in the same house where the victim is present satisfies the requirement that the property be taken from the victim's presence.
5 U.S. (1 Cranch) 137 (1803)Property
…Adams were recorded; after being prepared they were carried to Mr. Adams for signature and then back to the Secretary's office where the seal was affixed. Commissions were not usually delivered from the office before they were recorded though sometimes they were. He believed none of those commissions were ever sent out…