Legal Definitions - adhere

The term adhere has several distinct meanings in legal contexts:

• 1. In a Bicameral Legislature (e.g., U.S. Congress, State Legislatures):

  When one legislative chamber (like the House of Representatives) votes to adhere, it means it is firmly rejecting the other chamber's (like the Senate's) proposed changes to a bill, without immediately suggesting a conference committee to negotiate the differences. This action signals an unyielding stance, indicating that the adhering chamber is not willing to compromise further at that specific moment. While the adhering chamber cannot then request a conference, the other chamber may still do so, or the adhering chamber can later change its mind and agree to a conference.

  • Example A: The State Assembly passes a bill to fund new infrastructure projects. The State Senate amends the bill, significantly reducing the funding amount. The Assembly insists on its original version, and the Senate insists on its amended version. If the Assembly then votes to adhere to its position, it is making a strong statement that it will not accept the Senate's cuts and is not willing to enter into immediate negotiations through a conference committee.

    Explanation: This illustrates the Assembly taking an uncompromising stance on the infrastructure funding, refusing to concede to the Senate's changes without further action from the Senate.

  • Example B: The U.S. House of Representatives passes a comprehensive healthcare reform bill. The Senate passes its own version with substantial modifications. After both chambers insist on their respective versions, the House votes to adhere to its original bill. This means the House is signaling its firm commitment to its version of the healthcare reform and is not currently open to a conference committee to reconcile the differences.

    Explanation: Here, the House demonstrates an "unyielding attitude" by sticking to its original bill and declining, for the time being, to engage in the typical negotiation process with the Senate.

• 2. In Scots Law (regarding marriage):

  In Scots law, to adhere means for a couple to live together as husband and wife, often implying a common household and the public presentation of themselves as a married couple, even if a formal ceremony has not taken place. This concept was historically relevant for establishing marital status.

  • Example A: For twenty years, Fiona and Robert have shared a home in Glasgow, raised their children, managed their finances jointly, and were widely recognized by their community as a married couple, despite never having a wedding ceremony. Under historical Scots law, they would be considered to adhere as husband and wife.

    Explanation: This example demonstrates the couple living together and presenting themselves as married, fulfilling the criteria for "adhering" in the Scots law context of marriage.

  • Example B: After a long courtship, David and Sarah moved into a shared flat in Edinburgh, combined their bank accounts, and began planning their future together, publicly referring to each other as partners for life. Their actions indicated an intent to adhere as husband and wife under the principles of Scots law.

    Explanation: Their shared life, finances, and public presentation illustrate the concept of living together as if married, which is what "adhere" signifies in this context.

• 3. In Scots Law (regarding appellate courts):

  In Scots law, when an appellate court decides to adhere to a lower court'sjudgment, it means the higher court affirms or upholds the decision made by the court below it. Essentially, the appellate court agrees with the lower court's ruling and finds no legal reason to overturn it.

  • Example A: A Scottish Sheriff Court ruled in favor of a tenant in a dispute with their landlord. The landlord appealed the decision to the Inner House of the Court of Session. After reviewing all the arguments and evidence, the Inner House found no error in the Sheriff Court's application of the law and decided to adhere to the original judgment.

    Explanation: The Inner House's decision to "adhere" means it affirmed and upheld the Sheriff Court's ruling, agreeing with its outcome.

  • Example B: An employment tribunal in Scotland issued a judgment regarding a claim of unfair dismissal. The employer appealed this decision to the Employment Appeal Tribunal. After considering the legal points raised, the Employment Appeal Tribunal concluded that the original tribunal's decision was sound and therefore chose to adhere to its judgment.

    Explanation: By "adhering," the Employment Appeal Tribunal confirmed the validity and correctness of the lower tribunal's decision, effectively letting it stand.