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To make means to create something. Some common uses of the term “make” in a legal sense include:

  • Generally, “make” means to sign a check, promissory note, agreement, or other document. For example, to make a contract
  • In the context of an agreement, this case from the Ninth Circuit, explains that “to ‘make’ an agreement, at least as applied to a written contract, is to execute the agreement in due form.”
  • In the context of claim for securities fraud, this case from Washington, explains that a defendant ‘makes’ a statement in connection with purchase or sale of securities by stating it.” The case goes on to explain that a person who authors a misleading statement and gets an agent to read or publish it verbatim, “makes” the statement for the purposes of a claim for securities fraud. It does not matter that the person themselves did not actually say the statement aloud. 
  • This case from the District of Columbia, explains that “’make’ within the provision of National Labor Relations Board field manual that Board's agent will not make challenges to voters at a representation election, on behalf of parties, whether or not such parties have observers present, means ‘originate’ or ‘initiate.’”

[Last updated in August of 2021 by the Wex Definitions Team]