Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase used to indicate the existence or nonexistence of a particular fact, element, or condition in legal analysis.
Sources & Authorities· 36 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Chain Conspiracy Knowledge
Vanessa Vinson agreed with Viktor Voronin to delete test data so substandard parts could ship. She later discovered that Viktor had already arranged the same falsification with another engineer on the identical project. The court examined whether Vanessa joined that separate agreement vel non.
Contingent Fee Writing
Vito Villarreal hired Veronica Villanueva to pursue a personal-injury claim under a contingent-fee arrangement. They discussed the percentage and expense deductions only orally. The dispute turned on whether a valid contingent-fee agreement existed vel non.
Vincent Vale witnessed an outrageous assault on his spouse at close range. He suffered severe distress but no physical injury. Liability hinged on whether the distress to an immediate family member present at the scene qualified vel non.
Interracial Marriage Ban
Virgil Vaughn, a Black resident, sought a license to marry a white partner in a state that prohibited interracial unions. The couple challenged the statute after denial. The constitutional question was whether the ban infringed the fundamental right to marry vel non.
Entity Venue Residence
Vortex Energy, an unincorporated defendant, faced suit in a district where it had minimum contacts but no principal place of business. The parties disputed whether the company resided in that district for venue purposes vel non.
Partnership Formation
Vanguard Bank and Vista Manufacturing pooled capital and shared profits from a joint venture without signing any formal agreement. One participant later denied partnership status. The court assessed whether the association formed a partnership vel non.
Common questions
Frequently Asked
3
What does vel non add to a legal argument?+
The phrase signals that the existence or nonexistence of a fact or element is the precise point in dispute. It focuses analysis on whether a required condition is satisfied rather than assuming its presence.
Is vel non limited to any single area of law?+
No. Courts and commentators employ the phrase across criminal, civil, constitutional, and procedural contexts whenever the presence or absence of an element determines the outcome.
How should a bar examinee use vel non in an essay?+
Insert the phrase when framing the decisive factual or legal question, such as whether an agreement existed vel non or whether a right was infringed vel non, to demonstrate precise issue spotting.
5 U.S. (1 Cranch) 137 (1803)Property
…nor was he obliged to state anything which would criminate himself; but the fact whether such commissions had been in the office or not could not be a confidential fact; it is a fact which all the world have a right to know. If he thought any of the questions improper he might state his objections. Mr. Lincoln prayed time…