Also known as:validly · validity · validation · validations · validated · validating · legally effective · enforceable
Written by attorneys · grounded in primary & secondary sources — see below
A legal status or condition that renders an act, instrument, or relationship enforceable under applicable law. The status turns on satisfaction of formal requirements and the existence of a lawful underlying obligation or authority. Absence of the status renders the act or instrument ineffective or unenforceable.
Sources & Authorities
How it applies
Common Examples
6
Mortgage Without Debt Obligation
Victor Vargas signed a mortgage on his home to secure a supposed loan from Venture Holdings. No note or debt ever existed. The lender later sought foreclosure. The court held the mortgage unenforceable because no underlying obligation supported it.
Pre-Constitution Debt Enforced
Vaughn Valentine held a debt incurred by the Confederation before 1789. After ratification, federal officers refused payment. The court ruled the debt remained valid against the United States under the new Constitution.
Settlement Offer Excluded
Vera Vargas sued for breach and offered evidence of the defendant's settlement proposal to prove the claim amount. The court excluded the evidence under the rule barring use of compromise statements to establish validity or amount of a disputed claim.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Lawyer Advising on Statute Scope
Vanessa Vinson asked her lawyer whether a proposed business arrangement violated a new statute. The lawyer explained the statute's meaning and possible challenges without assisting any criminal act. The advice remained proper because it addressed only the validity and application of the law.
Lease Missing Required Terms
Veronica Varela signed a writing with a landlord for a two-year apartment lease. The writing named the parties and premises but omitted rent and duration details. The court held the lease invalid for failure to satisfy the writing requirements.
Federal Rule Controls in Diversity
Vivian Velez filed a diversity suit in federal court. A state procedural rule conflicted with a Federal Rule of Civil Procedure. The court applied the federal rule because it was valid under the Rules Enabling Act and on point.
Common questions
Frequently Asked
5
What makes a mortgage valid and enforceable?+
A mortgage or other security device requires an underlying obligation, typically a debt. Without a valid obligation the mortgage is unenforceable and may be extinguished.
Supporting sources
When is a lease within the Statute of Frauds considered valid?+
A lease is valid if evidenced by a writing that identifies the parties, premises, duration, rent, and is signed by the party to be charged, unless additional statute-of-frauds requirements apply.
Supporting sources
Does a valid federal rule always apply in diversity cases?+
Yes, when a valid Federal Rule of Civil Procedure is on point it governs even if it conflicts with state law, provided the rule is arguably procedural and authorized by the Rules Enabling Act.
Supporting sources
Can evidence of settlement negotiations prove the validity of a claim?+
No, evidence of compromise offers or statements made during negotiations is inadmissible to prove or disprove the validity or amount of a disputed claim.
Supporting sources
May a lawyer discuss the validity of a law with a client?+
Yes, a lawyer may discuss legal consequences and assist a client in good-faith efforts to determine the validity, scope, meaning, or application of the law.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…appointment of an officer by the Executive. A commission is only evidence of an appointment. Delivery is not necessary to the validity of letters patent. The President cannot authorize a Secretary of State to omit the performance of those duties which are enjoined by law. When a commission for an officer not holding his…