If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Legal Definitions - amendment

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Definition of amendment

An amendment refers to a formal change, addition, or deletion made to an existing legal document, such as a law, a constitution, a contract, or a court filing. It can also describe the process of making such a revision. The purpose of an amendment is often to clarify, update, correct, or expand upon the original text.

Here are some examples illustrating the concept of an amendment:

  • Constitutional Amendment: Imagine a state's constitution currently states that only citizens aged 21 and older are eligible to run for a specific public office. A group of citizens believes that 18-year-olds, who can vote and serve in the military, should also be eligible to hold this office.

    This group might advocate for an amendment to the state constitution. If successfully proposed and ratified through the state's specific constitutional amendment process (which often involves legislative approval and a public vote), the constitution would be formally changed to reflect the new age requirement, thereby altering a fundamental rule of governance.

  • Statutory Amendment: Consider a federal law that regulates the safety standards for children's toys. Over time, new materials and manufacturing processes emerge, and some existing safety standards become outdated or insufficient to protect children from newly identified hazards.

    Congress might then pass an amendment to this federal law. This amendment could add new requirements for testing specific chemicals, update the acceptable limits for certain substances, or introduce new labeling mandates. This legislative action formally modifies the existing statute to enhance consumer protection.

  • Court Document Amendment: In a civil lawsuit, a plaintiff (the person bringing the suit) initially files a document called a "complaint" that outlines their claims against the defendant. After filing, the plaintiff's attorney discovers that they mistakenly listed an incorrect date for a key event in the complaint.

    To correct this, the plaintiff's attorney would typically file a motion with the court requesting an amendment to the complaint. If the court grants permission, the plaintiff can then file a revised complaint that includes the accurate date. This formal change ensures the legal document presented to the court is precise and correct.

Simple Definition

An amendment is a formal change, such as an addition, deletion, or correction, made to a legal document like a statute, constitution, or court filing. It can also refer to the process of making such a revision.

I feel like I'm in a constant state of 'motion to compel' more sleep.

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