Also known as: unless form · unless · proviso · conditional exception
Written by attorneys · grounded in primary & secondary sources — see below
A rule structure stating a general prohibition or requirement followed by an exception introduced by unless that identifies the limited circumstances under which the prohibition or requirement does not apply.
Ulysses Usher threatened to damage the victim's car unless the victim handed over cash. The threat failed to satisfy the intimidation element because it did not involve an immediate risk of death or serious injury. The court therefore dismissed the robbery charge.
Urban Logistics contracted to sell land to Upland Industries. The title contained an unreleased lien. Upland refused to close. The court held the title unmarketable and allowed rescission because the contract did not otherwise provide.
President Ulysses Grant received a bill passed by both houses. He neither signed it nor returned it within ten days. Congress had adjourned preventing return. The bill did not become law because the unless clause in the presentment rule applied.
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Una Ueda filed a complaint without any signature. Opposing counsel moved to strike. The court struck the pleading because every paper must be signed unless a rule or statute states otherwise and the omission was not promptly corrected.
Ulf Ulfsson testified at trial. Counsel sought to introduce a prior inconsistent statement through extrinsic evidence without first confronting the witness. The court excluded the evidence because the witness must be given an opportunity to explain or deny unless the court orders otherwise.
Ulric Unger was charged with an offense after an involuntary reflex caused the prohibited conduct. The court dismissed the charge because liability requires conduct that includes a voluntary act unless the statute provides an exception.
The unless form states a broad prohibition or requirement and then carves out a narrow exception. The exception applies only when the specified condition is met. All other applications of the general rule remain in force.
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The general prohibition or requirement continues to govern. The party relying on the exception loses the benefit of that exception and remains subject to the default rule.
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Yes. Article I Section 7 uses the unless form to qualify the presentment requirement for bills that become law when the President fails to return them within ten days.
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It creates a default obligation, such as signing every paper, while allowing relief only when a specific condition like prompt correction after notice is shown.
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Yes. Several evidence and civil procedure rules expressly permit the court to order otherwise, thereby removing the protection or requirement that the unless clause would otherwise provide.
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…604, 460 N.W.2d at 780. Presently, courts must apply the percentage standards in a motion to modify under sec. 767.32, Stats., unless they find after considering appropriate factors, that application of the percentage standards would be unfair. See sec. 767.32(2), Stats. For the reasons listed, we decline to follow the…