Legal Definitions - leave

The term "leave" has several distinct meanings in a legal context, functioning as both a noun and a verb.

As a Noun:

• Departure or Authorized Absence

  In this sense, "leave" refers to an authorized period of absence from work, duty, or a specific location, or simply the act of departing.

  • Example 1: An employee requested a six-week leave of absence to care for a newborn child, as permitted by company policy and family leave laws.

    Explanation: This illustrates "leave" as an officially approved, extended period away from one's professional duties.

  • Example 2: After the verdict was read, the jury took their leave from the courtroom.

    Explanation: Here, "leave" signifies the act of departing or going away from a specific place.

  • Example 3: A military service member was granted a two-week personal leave to attend a family wedding.

    Explanation: This shows "leave" as an authorized, temporary absence from military duties, often referred to as a furlough.

• Permission or Consent

  In this context, "leave" means formal authorization or consent to do something, often granted by a court or other authority.

  • Example 1: The defense attorney sought leave of the court to introduce new evidence that was discovered late in the trial.

    Explanation: This demonstrates "leave" as the formal permission required from the judge to take a specific action in court.

  • Example 2: A property owner requested leave from the local planning commission to build a fence that slightly exceeded the standard height restrictions.

    Explanation: This shows "leave" as the formal consent or approval needed from a governing body to deviate from standard regulations.

As a Verb:

• To Designate Property in a Will

  This refers to the act of specifying in a will who will inherit particular property or assets after one's death.

  • Example 1: In her will, the artist chose to leave her entire collection of paintings to a local art museum.

    Explanation: This illustrates the act of bequeathing specific property to an heir or institution through a legal will.

  • Example 2: The entrepreneur decided to leave a significant portion of his company shares to his employees.

    Explanation: This demonstrates the act of designating assets to beneficiaries as part of an estate plan.

• To Depart from a Place or Situation

  This means to go away from a location, person, or situation, either temporarily or permanently.

  • Example 1: The tenant was required to leave the apartment by the end of the month as stipulated in the lease agreement.

    Explanation: This refers to the act of vacating a premises by a specific deadline.

  • Example 2: After the contentious business meeting, several partners chose to leave the firm to start their own venture.

    Explanation: This signifies the act of departing from a professional association or organization.

• To Deliver or Deposit Something at a Location

  This refers to placing an item at a specific spot, often for someone else to retrieve or find.

  • Example 1: The process server was instructed to leave the summons with an adult resident at the defendant's home if the defendant was not present.

    Explanation: This illustrates the act of depositing a legal document at a designated location for proper service.

  • Example 2: The courier was told to leave the confidential package with the security desk if the recipient's office was closed.

    Explanation: This shows the act of placing an item in a specific spot for later retrieval.

• To Be Survived By

  This describes who remains alive after a person's death, typically referring to family members or heirs.

  • Example 1: The deceased individual left behind a spouse and three adult children.

    Explanation: This indicates the family members who are still living after the person's passing.

  • Example 2: Despite a large extended family, the elderly woman left no direct descendants.

    Explanation: This clarifies that the person died without any children or grandchildren surviving them.