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Simple English definitions for legal terms
first-degree amendment
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A quick definition of first-degree amendment:
A first-degree amendment is a change proposed or made to a law, document, or motion. It can be a revision, addition, deletion, or correction to the wording. It can be made by a party without the court's permission or by the judge on their own. In parliamentary law, it refers to a motion that changes another motion's wording by striking out, inserting, or substituting text. A floor amendment is offered by an individual member, while a committee amendment is proposed by a committee. A friendly amendment is one that the mover of the motion being amended supports, and to which no other member objects.
A more thorough explanation:
Definition: A first-degree amendment is a formal revision or addition proposed or made to a statute, constitution, pleading, order, or other instrument. It is a change made by addition, deletion, or correction, especially an alteration in wording.
Examples:
- Amendment as of course: An amendment that a party has a statutory right to apply for without the court's permission.
- Amendment on court's own motion: A change to a pleading or other document by the judge without a motion from a party.
- Nunc pro tunc amendment: An amendment that is given retroactive effect, usually by court order.
- Floor amendment: An amendment offered from the floor by an individual member, as distinguished from a committee amendment.
The examples illustrate how a first-degree amendment can be applied in different contexts, such as in court proceedings or parliamentary procedures. They show how an amendment can be made by a party or a judge, and how it can be proposed by an individual member or a committee. The purpose of a first-degree amendment is to make a formal revision or addition to an existing document or motion, and it can be made by adding, deleting, or correcting wording.