Legal Definitions - suggestion

The term "suggestion" has a few distinct meanings in legal contexts, ranging from general advice to specific procedural notifications.

1. An Idea or Proposal

In its most general sense, a "suggestion" refers to an idea, proposal, or piece of advice offered for consideration. It is typically presented in a way that invites discussion or agreement rather than as a direct command or formal demand.

• Example: During a complex business negotiation, the lead attorney for one company made a suggestion that both parties explore a phased implementation of the new contract terms, believing it could help bridge their current disagreements.

  Explanation: Here, the suggestion is an idea presented to facilitate a resolution, not a binding demand, allowing the other party to consider and respond to the proposal.

• Example: A paralegal offered a suggestion to the litigation team about using a new online research database, arguing it could significantly speed up the discovery process for their upcoming trial.

  Explanation: This illustrates a suggestion as a proposed improvement or alternative, offered for the team's consideration and potential adoption.

2. Procedural Notification

In legal procedure, a "suggestion" is a formal statement filed with a court to inform it of a significant fact or circumstance that has arisen and could materially affect the ongoing proceedings. This statement is not a motion seeking a specific ruling but rather a notification intended to bring a critical fact to the court's attention, prompting it to take appropriate action.

• Example: After a plaintiff in a medical malpractice case unexpectedly passed away, their attorney filed a suggestion of death with the court, formally notifying the judge of the event so that the proper procedures for substituting an estate representative could be initiated.

  Explanation: This example shows a formal notification of a critical fact (the plaintiff's death) that directly impacts the court's ability to proceed with the case and requires a procedural response.

• Example: When a federal court case was found to involve parties from the same state, potentially raising questions about the court's authority to hear the case, one of the lawyers filed a suggestion of lack of subject-matter jurisdiction. This alerted the court to a potential legal issue that could halt the proceedings.

  Explanation: This demonstrates a suggestion as a formal way to inform the court about a factual or legal circumstance (a potential jurisdictional defect) that requires the court's attention and potential action to ensure the case is properly before it.

3. Archaic Usage: Undue Influence

Historically, particularly in the context of wills and estates, "suggestion" was sometimes used to refer to what is now known as undue influence. This meant subtly or improperly influencing someone, often an elderly or vulnerable person, to make decisions (like drafting a will) that primarily benefit the influencer, rather than reflecting the person's true, uncoerced wishes. This usage is now considered archaic, and the modern legal term for such conduct is "undue influence."