Legal Definitions - identify

To "identify" legally means to prove the specific identity of a person or thing, or to recognize and associate someone with a particular group or characteristic. It also refers to the act of specifying certain goods as the subject of a contract.

The term "identify" carries several distinct meanings in a legal context, often relating to establishing certainty or association.

• 1. To confirm or establish the exact nature or existence of a particular person, object, or piece of evidence.

  • Example 1 (Person): During a police investigation, a witness might be asked to *identify* a suspect from a photo array, confirming that person's involvement.

    Explanation: This illustrates the act of pinpointing and confirming the specific individual who is believed to be connected to an event.

  • Example 2 (Object/Evidence): A property owner, filing an insurance claim after a theft, must *identify* the specific stolen items by providing their descriptions, serial numbers, or unique characteristics.

    Explanation: This demonstrates the need to precisely define and prove the existence of particular objects that are the subject of a legal claim.

  • Example 3 (Document): In a contract dispute, a party might need to *identify* a specific email chain as the definitive record of their negotiations.

    Explanation: This shows the act of singling out and confirming a particular document as authentic and relevant evidence.

• 2. To perceive or characterize someone or something as having a strong connection or affiliation with a particular group, cause, or characteristic.

  • Example 1 (Association with a group): A judge might recuse themselves from a case if they are *identified* with one of the parties due to a close personal relationship or shared organizational membership, to avoid any appearance of bias.

    Explanation: This refers to how the judge is perceived as being connected to a party, which could affect impartiality.

  • Example 2 (Association with a characteristic): A company's advertising campaign might be legally challenged if it falsely *identifies* its product with environmentally friendly practices it does not actually follow.

    Explanation: This illustrates how the product is being portrayed or associated with a specific characteristic (eco-friendliness).

  • Example 3 (Legal standing/interest): In a lawsuit involving a homeowners' association, all residents within the association are generally *identified* with the collective interests of the group.

    Explanation: This means residents are seen as having a shared stake or connection to the legal outcome affecting the association.

• 3. In contract law, to designate specific, existing goods as the exact items that are the subject of a sales agreement. This act often marks a point where risk and ownership might begin to transfer.

  • Example 1 (Specific goods): When purchasing a unique piece of art, the buyer and seller *identify* that particular painting by its title, artist, and unique inventory number in the sales contract.

    Explanation: This ensures there is no ambiguity about which exact item is being bought and sold, distinguishing it from any other similar item.

  • Example 2 (Goods from a larger lot): A wholesaler selling 100 specific crates of oranges from a larger warehouse stock would *identify* those particular crates by marking them or setting them aside for the buyer.

    Explanation: This action singles out specific items from a general inventory, making them the definite subject of the contract.

  • Example 3 (Unique item): A car dealership selling a specific used car will *identify* that vehicle by its Vehicle Identification Number (VIN) in the purchase agreement.

    Explanation: The VIN uniquely designates that particular car, making it the identified good of the contract, rather than just any car of that make and model.