Legal Definitions - arise

Arise

In legal contexts, the verb "arise" is used in several ways, generally meaning to come into existence, become apparent, or, in a specific court context, to conclude a session.

• To originate or result from: This refers to something coming into existence or being caused by a particular event, law, or situation.
  • Example: A contractual obligation to deliver goods on time arises from the signed agreement between the buyer and seller.
  • Explanation: The duty to deliver the goods is created by and stems directly from the terms of the contract.
  • Example: A claim for damages for personal injury often arises from a traffic accident caused by negligence.
  • Explanation: The legal right to seek compensation (the claim) is a direct consequence of the accident and the negligent actions involved.
• To become apparent or come to attention: This usage describes something becoming known, emerging for consideration, or presenting itself as an issue.
  • Example: During the discovery phase of a lawsuit, new questions about the defendant's financial records arose, prompting further investigation.
  • Explanation: The questions about financial records became apparent and required attention as the legal process unfolded.
  • Example: A conflict of interest for a lawyer might arise if they previously represented a party now opposing their current client.
  • Explanation: The potential conflict becomes evident and requires consideration due to the lawyer's past and present client relationships.
• (Of a court) To adjourn or suspend sitting: This is a specific, formal usage indicating that a court session is concluding or taking a break.
  • Example: After a long day of testimony, the judge declared, "This court will now arise until 9:00 AM tomorrow."
  • Explanation: The judge's statement formally announced the conclusion of the court's proceedings for the day, with a plan to resume later.