Also known as:upholds · upheld · upholding · affirm · sustain
Written by attorneys · grounded in primary & secondary sources — see below
A judicial or official action that affirms the validity or requires the enforcement of a legal provision, contract, or prior ruling.
Sources & Authorities
How it applies
Common Examples
6
Presidential Term Vesting
Ulric Unger challenges a state statute altering the manner of appointing presidential electors. The court upholds the statute because Article II Section 1 vests the executive power in a President elected through state-appointed electors for a four-year term.
Judicial Duty Application
Ulf Ulfsson appears before Judge Uliana Ustinova on a contract dispute. The judge upholds the duty to apply the law fairly by rejecting the defendant's request to ignore controlling precedent and instead enters judgment for the plaintiff.
Landlord Breach Relief
Uri Underwood leases residential property from Upland Industries. After discovering a latent defect, Uri elects to uphold the lease and sues for rent abatement plus damages under the governing restatement provision.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Hornbooks
Course Outlines
Study Supplements
Transient Jurisdiction Exercise
Uriel Urban is served with process while briefly visiting the forum state on unrelated business. The state court upholds personal jurisdiction over Uriel under the transient jurisdiction doctrine even though the claim arose elsewhere.
Acquittal Motion Ruling
After the prosecution rests in Uriah Urban's criminal trial, defense counsel moves for acquittal. The court upholds the motion and enters judgment because the evidence is insufficient to sustain a conviction on the charged offense.
Landlord Fault Relief
Ultimate Solutions leases property to Ultra Precision. A post-lease condition change caused by the landlord's fault prompts Ultra to uphold the lease and seek damages plus rent abatement under the applicable restatement section.
Common questions
Frequently Asked
5
What does it mean for a court to uphold a statute or constitutional provision?+
A court upholds a statute or provision when it affirms its validity and enforces its application rather than striking it down.
Supporting sources
How does a judge's duty to uphold the law interact with impartiality requirements?+
The duty requires the judge to apply controlling legal rules fairly without bias or prejudice toward any party.
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When may a tenant uphold a lease after a landlord breach?+
A tenant may uphold the lease and pursue equitable or legal relief such as damages or rent abatement when the breach is due to the landlord's fault.
Supporting sources
Does upholding transient jurisdiction require minimum contacts analysis?+
No. A court may uphold personal jurisdiction based solely on personal service while the defendant is physically present in the forum state.
Supporting sources
What standard governs a court's decision to uphold a motion for acquittal?+
The court must uphold the motion when the evidence is insufficient to sustain a conviction on the charged offense.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…and in protecting potential life. At some point in pregnancy, these respective interests become sufficiently compelling to sustain regulation of the factors that govern the abortion decision. The privacy right involved, therefore, cannot be said to be absolute. In fact, it is not clear to us that the claim asserted by…