Also known as: utriusque · utroque · utrumque · both · each of two
Written by attorneys · grounded in primary & secondary sources — see below
A Latin term denoting each of two parties considered separately in a legal transaction or relationship.
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Ulric Unger and Una Ueda discussed robbing a warehouse but Ueda was an undercover officer feigning agreement. The court examined uterque to determine whether both parties possessed genuine criminal intent. Because Ueda lacked true intent, no conspiracy formed under the bilateral rule.
Urban Utley granted a mortgage on his farm to United Bank under a title-theory jurisdiction. The bank claimed legal title while Utley retained only the equity of redemption. The court analyzed uterque to clarify the distinct interests held by each party in the property.
Uriel Urban introduced a tax bill in the House while the Senate proposed amendments. The President considered the final version. The court reviewed uterque to confirm that each chamber had fulfilled its constitutional role in the legislative process.
Umeko Uchida directed her employee to falsify records while she remained in the office. Prosecutors assessed uterque to decide whether Uchida was guilty through her own conduct or through the conduct of another for whom she was legally accountable.
Unity Underhill represented both the buyer and seller in a commercial land sale with full knowledge of both principals. The court examined uterque to determine whether Underhill had disclosed all material facts affecting each party's judgment before completing the transaction.
Urban Logistics leased warehouse space to Upland Industries under an agreement terminable at the will of either party. When Upland gave notice, the court considered uterque to confirm that both landlord and tenant retained the power to end the relationship without cause.
Uterque requires separate examination of each of the two parties to confirm that both meet the applicable legal standard, such as intent or capacity.
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Uterque treats the two parties individually rather than as a single unit, ensuring that each party's distinct rights, duties, or mental state receive independent analysis.
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Uterque appears when a rule demands that two distinct actors each satisfy an element, such as mutual intent in conspiracy or separate disclosures in dual-agency settings.
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…interpret them. If two laws conflict the courts must decide which governs. If a law is in opposition to the Constitution, and both apply to a case, the court must decide which of the conflicting rules governs the case. If the courts are to regard the Constitution and it is superior to any ordinary act of the…