Presence in United States

Presence Definition

The being in a particular place. In many contracts and judicial proceedings it is necessary that the parties should be present in order to render them valid; for example, a party to a deed, when it is executed by himself, must personally acknowledge it, when such acknowledgment is required by law, to give it its full force and effect, and his presence is indispensable, unless, indeed, another person represent him as his attorney, having authority from him for that purpose. Presence at a particular transaction is in a measure relative. Thus, a crime is committed in the presence of a police officer if he can detect the act, and could have seen the persons had it been light (53 Mich. 493) ; and a married woman executes a deed in the presence of her husband, if he was under the same roof, though not in the same room (112 Mass. 287). Actual presence is being bodily in the precise spot indicated. Constructive presence is being so near to or in such relation with the parties actually in a designated place as to be considered in law as being in the place. Thus, a man was held constructively present at a stage robbery, where he built a fire on a mountain forty miles distant as a notice to the robber of the leaving of the stage. 13 Nev. 386. ,

Presence in Foreign Legal Encyclopedias

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Legal Issue for Attorneys

The being in a particular place. In many contracts and judicial proceedings it is necessary that the parties should be present in order to render them valid; for example, a party to a deed, when it is executed by himself, must personally acknowledge it, when such acknowledgment is required by law, to give it its full force and effect, and his presence is indispensable, unless, indeed, another person represent him as his attorney, having authority from him for that purpose. Presence at a particular transaction is in a measure relative. Thus, a crime is committed in the presence of a police officer if he can detect the act, and could have seen the persons had it been light (53 Mich. 493) ; and a married woman executes a deed in the presence of her husband, if he was under the same roof, though not in the same room (112 Mass. 287). Actual presence is being bodily in the precise spot indicated. Constructive presence is being so near to or in such relation with the parties actually in a designated place as to be considered in law as being in the place. Thus, a man was held constructively present at a stage robbery, where he built a fire on a mountain forty miles distant as a notice to the robber of the leaving of the stage. 13 Nev. 386. ,

This definition of Presence is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Presence in the Context of Courts General Jurisdiction

General Jurisdiction Based on Presence or Continuous and Systematic Business Activities Within the Forum in International Civil Litigation

Analysis of the General Jurisdiction Based on Presence or Continuous and Systematic Business Activities Within the Forum in relation to the Jurisdiction of U.S. Courts over Parties to International Disputes.

Legislative Authorization

Read more information about Legislative Authorization in this American Encyclopedia of Law.

Due Process Clause

Read more information about Due Process Clause in this American Encyclopedia of Law.