Legal Definitions - present

In legal contexts, "present" refers to something that currently exists or is immediately available. It can also describe a matter that is currently under consideration or discussion, or signify being physically in attendance at a proceeding or location.

The term "present," when used as an adjective in a legal context, can have several distinct meanings, all related to current existence, consideration, or attendance.

• Meaning 1: Currently existing or immediately available.

  This refers to something that is in effect right now, or a right or condition that is immediately actionable or established.

  • Example 1: A property owner might have a present interest in a piece of land, meaning they currently hold ownership rights and can exercise them without waiting for a future event.

    Explanation: This illustrates "present" as an existing and immediate right to the property, not one that is contingent on a future condition or event.

  • Example 2: A contract might state that a party has a presentobligation to deliver goods upon receipt of payment.

    Explanation: Here, "present" signifies that the duty to deliver the goods is immediate and currently in force once the payment condition is met, rather than being deferred to a later date.

• Meaning 2: Currently being considered, discussed, or dealt with.

  This usage refers to a matter, case, or document that is the subject of immediate attention or review.

  • Example 1: The judge instructed the jury to focus solely on the evidence introduced in the presenttrial, disregarding any information they might have heard elsewhere.

    Explanation: In this context, "present" refers to the trial that is actively taking place and is currently under the court's consideration.

  • Example 2: The legal team is reviewing the present draft of the settlement agreement to ensure all terms are acceptable before finalization.

    Explanation: This indicates that the specific version of the settlement agreement being examined is the one currently under discussion and active review.

• Meaning 3: Physically in attendance or located in a specific place.

  This meaning refers to someone or something being physically at a particular location, often required for a legal proceeding or meeting.

  • Example 1: For the board meeting to proceed, a majority of the directors needed to be present to establish a quorum.

    Explanation: "Present" here means that the directors were physically in attendance at the meeting location, fulfilling the requirement for valid decision-making.

  • Example 2: The court required all parties involved in the dispute to be present for the mediation session.

    Explanation: This signifies that the individuals or their authorized representatives had to be physically at the mediation venue to participate in the proceedings.